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Columbus morning journal. (Columbus, Ohio), 1866-01-13

Columbus morning journal. (Columbus, Ohio), 1866-01-13 page 1

) g ,t,tsirxD,A.eisBrt ttfi'tl OOMLY, ROBY & SMITH OIHf JiA J. Kul MM flirt, r TERMS OF SUBSCRIPTION. "TSUUOT THB X1TLT JOOlXAfc. it 1 1 SobwnUn, 1 yw, bj ml.... 00 BiDiuaobMrUMn, v.moatiit, a.............. i flintile Hubwrtbari, 1 month, " 0 SO ingl 8nteribri, pr month, 4Hfr4 by , Mirir.n,.,.bHM......;.; , 0 90 iDgUthibKriMra. ptr wiwk. ,dUi.vd to tarrtor , 0 (0 Tit Ml Of TBC TSI-WICRKtT JOUBHAU BlugUHuUorlt, 1 ymr. 4 60 afngle 8ubionbri, 6 moalbf WM. , 8 80 Single ftabiorltwra, ft Bonthf,H,H(m i,, 1 16 ilagU Bnbif Hbn, 1 month 0 40 TKBH9 Of TH WBIKLT JO D HI At. log la BuUorlbn, pwr yrMm....,M..M.MMM.. t 00 TERMS OF ADVERTISING. ' Di.LT-Ou Hqnr, rjaoh tBMrtloi..... BpMtail M(Uom pr St, titer. Mob Idhi- 0 76 Uon SI .' 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SATWll) AY MORNING, JANUARY 13. 1866 NUMBER Jn& question, whether an organized rebat-has come io be en orgauixad "I'Ule;" whether "bahilunl ' (reason hue come lo be "habitual obedience 16 law:" suit whether the lea-al "idaa of Slate" bus come to be a synonym fnr chaos, in which are commingled, lin unalienated political ruin, the abso-lule overthrow of all lis "supreme laws," tha wreck of all . oval ooustitulioos law), and forma of a-overnuient, and the Jeath or exile of every inhabitant lo admitted the natenoe or such loyal nta.e : SUrely, Mr, MMiwiaa, it i not too nine to eav that even under the precepts of pub lio law, Iboad eleven districte Oklled " Cou. fedrlla Slates." ceased to be States, lu thern. durinir so many dai-U yeara. Ihere wae no obeuieuoe lu law except iue law wuioti oomijelled the tllianoa. of all "eupreme Uw;'f ,threJjWM na government except mat which oonsieieu inonioioinguiBio.vaiir Is Ofvernment thoro was no obeervancaf mo'iiaw 01 nuDUN. uuiwo n. i'ij fiouna in iudisarisunate and remoraelues aaaasaination or murder or overy toyai man whom their treaeon could reach, either by mans of the dagger, the torpedo, the poi-onei food, Ida bandit, ;hi violnlloce of truoa or the eyalemnliied deetruotion of prllonert of war. llieir nouy-poniio wae one kigantio treaeon, mjide up of eleven org aaiied rebollione, (rlfibined into one by tne force of a petfsm. ; 4 . K MR, SHELUBARGER. I !ii-I'r-t nlj UiLilii Wt lllfflcl.l ll.potl fr ju Tie Ul be.j MIIIS or RKPKEIaltaTA'IIVCM, MonT, JiatiiEY 8(188; J a ' . a)icuentuonoa. ' Mr. SUKLLABAHUIiR. Mr. Chairmtn I shall Inquire whether the Constitution doale with Statu. 1 shall dieouss theqtMS- iion wnetner an organlied rebellion against Government is an organised "State" in that Uovernmool; whether that whioh can- not bmmt a ".Stato" until its officers hare worn to support the Constitution, remains Stale after they haveall sworn to overthrow . tnat tonslilutioo; and If I find it does con. tinue to be a State after that, then I shall strive to -ascertain whether it will so con tinue to be a government, a State, after, by means of nnivereal treason, It has ceased to nave any eonetitutioe, lawey legislature, courts, or citizens in it. If in debating these questions I debate axioms, my apology is that there are no otnor questions to debate in "reconstmo uon." If in the disonssion I make self-art. dent things obscure or Incomprehensible, my defenee shall be that I am conforming to the usages of Congress. I will sot inquire whether any subject of tnis uovernm.ni, ny reason or the revolt, passed from under its sovereignty or ceased to owe it allegiance, nor wbetber any terri tory passed from under that jurisdiction, jjecause I know of no one who thinks that flcy of these things did occur. I shall not consider whether, by the rebellion, any State loot its territorial character or defined boundaries or subdivisions, fori know or no one who would obliterate these goo graphical-qualities of the Slates, l'hsse questions, however much discuss ed, aro in no practical sense before Con gress. ' ' WHAT IS BSrOBE COHORTS). What is before this Congress by far the most momentous constitutional question ever here considered I at onoe condense and erhi'tii lu a single sentence. It Is under our Constitution possible lo, and the lalB rebellion did in fact so, over throw suit ueurp in the insurrectionary H I I o ra lnv-l gla! " during snxh usurpation, such States aud their people ceased lo bare any of the rights or powers of government as Slates of this (Juion; an J this loss of the rights and powers of government was suoh that the united States may and ought to assume and sxeroise toeal powere of the lost State governments, and may oontrol the readmls-sion of such States to their powers of government in this Union, subject to and In aoccrdance with the obligation to "guarantee to each State a republican form of government" i . This great question I prooeed to consider. wbut, ni tu uns or nations, is a stati? At the very foundation of this discussion lies the questioj, what make up the necessary elements of every Slate In the Union ? What properties are they which, if any one be loet by a Slate, it aeases to be entitled , JKnxerciae the powers aud demand the rights 9 political and governing member of that Union? The argument I now derive from "public law" is really identical with the one I shall next adduce, and shall base upon the express terms of Ihe Constitution. In this argument assuming, as I do, two axioms of our law; first, that the law of nations Is part of your Constitution, (Const., art. 1, seo. 8, slause 10,) and second, that such Constitution is to in States, at least, as muoh "supreme law ' as the intsrnatlonal code is law to the cWilited States which are under its way I here only show that theselaw-defying communities in rebellion cannot be "States" unless our Union has lowered and debased the world's "legal idea" of a "State." ; ' . What, IL.n, is required to constitute a State, by ths law of nations ' Wo answer: 1. "A fixed abode and definite territory belonging to the people who oooupy it." (Wheaton, 38) 2. "A aoolety of men united together for the purpose of promoting their mutual safety and advantage by their combined strength." . (lb. 82.) 8. "The legal idea of a State, necessarily implios that of habitual obedienoe of its members lo those in whom the superiority is vested." (Ib. 83 ) This third necessary element of a State Is the only important one in this discussion. Honor, I add the following high authorities: Orotius (bock 8, chapter 3, section 2 ) ayi: . s ' Th.Uw, iijecLllrllKtof nation., I. loth. 91 te as th. t,ul f. Id tu.t or the faur.a body, orfAati.-inf lakmanap U cMifl'o At a Salt." Burlarasqui, (volume 2, page 25,) in defining a State, Bays: . "It . muHltaitaof pnopl. iiat'ed togelhir by a eomaioa Inter It ud CDBuOa law., In vtlca ts rtnu mtk out aoecr'J." I might add to these all the writers on pnblie law for centuries, in confirmation of what is self-evident without proof, that there can be no State where the people do not habitually obey Ihe laws. For four hundred years the unanimous conscience and oommcn sense of the civilised word has refused to recognise the existence of a people who were habitually disobedient to their own laws, or the law of nations. Such a people is blotted out. Mow, snrsly, if habitual obedience to law "was necessary to the legal idea of a State," even under the vague and general precepts of the international oode, it will iiot be insisted that hahitnal, persistont and universal disobedience will be tolerated by the well-defined, express, and rigorous provisions of the American Constitution in the oiliiens of ons of its States. Shall that position bs tolerated which admits that the law of nations will sxpsl from Its union and b!ol from existenoe an habitually lawless people, and yet the law of our Union permit snnh a State to govern it? Shall a Union, whose Constitution and laws in evcay single great atirl- oute oi tne national sovereignty are tne 1 supreme law or these states ana their people, rsoognise and be ruted bya people who unanimously, habitually, persistently, and for years disobey and defy these laws? . Can it be that for four centuries ths united conscience and judgment of the civll-ited worl J shall prohibit the existence upon the earth of suoh a monster as a State whose people are habitually lawless, and then shall it te left for our "more perfect Union" to establish "States" which, although they cannot comrtwiee their existence until very officer and minister of that State hall swear to support the Constitution of the United Slates, as the supreme law of fk land, yet shall conUnut to be States after CsF'ery officer of such State had discarded suoh oath, and every inhabitant had, for years, defied aid and disoarded these "supreme lews?" In the lights f the publio taw of the world let this Congress answsr the start- deS' if possiMo, inoro conrhnlvo argu-ils. 'Igo from' (ho pubUc-V" 'a ,lia relentless military I : it But. sir. the' unexampled tnoniilude of tha Interests involved, impel me on lo what are, menl const! lulion. i ' w.it is srAtt I'jTU" uatojr'6 NoW ws prooeed lo imiutre what, it any thing more, is rfqmrfdi to. make ft tvate ol Uiis Union than in requisite to (vwntiime a Slate Milder the law of unliena Umiil in a Statej but Ws nut Slate of Ibis L'uini. That which is required to bo addnd lo the properties which belong to every ritate, in the sense Uf the international law, in ordor to oonBliiul a State of. our Union, is: 1. Us citizens must owe, aosnowlfdKO, aul render supreme and habitual allegi, anee and obedience' to 'tbo Constitution, laws, hnd treaties of the United Stales in all Federal matters, these being tbo supreme laws to the 6tal.es and their citizens. (Constitution, article G )' x. All "the members or the mats Lotris- laturos, and its executive and judicial officers, shall be bound by oath or affirmation to support toe Constitution of tbo Uuiled States (Article 0 I . That the United Slato" pliall have so " admitted it into this Union " (article 5, section 8) as tn have assnuied " to guaranty to it a republican form of government, and to protect it against inv.teion, end, ' on ap plication, " against domestic violence' 4. And by such recngnitioiiaAQd "admis sion into Ibis Union " to have secured lo it, a body-polilio, or 1 btnte, certain rights of partioipation in the oontrol of the Fede ral Government ; which rights I shall name hereafter. (3ee also, Bishop on Criminal Law, sections 128 to 137, Inclusive ) I4o one who can real the !,ons4ihuion. will deny that each State in this Union must have every one of these properties bo- fore it can commence to exist in the Uoion ; because the Constitution so declaros. Now the question I consider is, whether it shall continue to be a Stale, in I he1 sense that it holds tbe powers and richts of a Stite after il has loal every property which it must lave before it could commence to exist in the Union. OOKS tHt CO.VSTIl UTl.n 114 L WITH hrATl'1 V The gentleman fi-otii New York I Mr. Rxy- mtnd says: 'Tfl. Coo.tltullon dee. u.t tl.kl ttllli Hl.ta. it pt lu on. or two lu...'tris, .4 tlio tiki-ilu,, i mbBberaor t:jngrH. .ml Iht lf 11 jn uf elC( lot. O! rro.mi.ut and Viru t'ikM,xii.' This statement involves an error ImIIi of faotand law whioh, oouidiring its highly intelligent and patriotta source, is umaz ing. Now, sir, reading Kuglt.nh will cor-reot this error. Tnro lo the Conatilulion. It deals with Slates, lo the way of ironus. ing restraints and oLlieationa. iitinn ll,m as States, in ths following matlart: regu lating obmiuerce among tbu Siatt; requiring iiepreaentatWes, also Uniiod Hmtse Senators, to reside in thHr renpeot'iTS States; prohibiting fttutes from entering nto any treaty, alliance, or oonle lenition. coining money,: emitting bills of credit, making anything but gold and silver ooina tender for dehl; passing any bill of attain ed erpoHtactn law, or law mir.airiiig the obligation ofoontraots; from taxing imports or exports without consent, of Congress; from raying tonnage duty; from keeping trooj s or ships of war in time cf peace; fr-in entering into any compact with auollirr State or foreign Power; from engaging in war unless invsd.ni or In lmrouienl dan ger thereof; from refusing to give full fail h lo records, etc., of other Stales; frnm refusing surrender fugitives from justice or labor: requiring States to be tried in tho courts the U; S.; requiring all their offioers to take an oath to support tbe Constitution; requiring thorn to pay State's proportion ol direot taxes; in prohibiting "either" riute from oonferring any other emolument upon the rrestuenl tnan uis B4iary; m requiring themte furnish, at eomoiaod nf the President, their militia; acd in subordinating their "judges,", "constitutions" and "laws ths Constitution, laws, and treaties ol the United States as "ihe supreme law of the land." It secures rights and confers powers upon the States as States iu each of the following respects. It secures to each tbe tight eleotat least one Uepresenlatlvo, to elect two Senators, to oast ono vots in ratifying constitutional amendments, and in oalliug eonvention to. make such amendments; to oast one Tote in electing a President in the House, te appoint in such manner as tbe Legislature thereof may direct electors to lect a President' and ice President, In 1 by appointment vacancies in Congress, domaud that "in tbe regulation of com merce no 'preference shall be given to Hie ports of one State over those of auother," securing equal immunities to their re spective eitizeus, in having guarnteed to them republican governments, in nemz protected against insurrection and doines- o violence, in securing them li-om hniug- divided, file, and iu enabling them lo d- bne the qualihaarion or electors for uoitr.1 ates othcers, by fixing Hint of tho most umerouB branch of the Slate Legisla tures. My objeel, Mr. Chairman, in reeiling these fifty or more- supremely important provisions of the Constiluiion in every one which it is evident, both by the nature and express terms of the provisions them- lves, and by tbe innumerable erimiiioa- tionsof the courts, that Ihe Constitution deals with the States, as such, was not the frivolous one of showing tbat there were more than "one or two" of these. My purpose was the higher one of showing bow baseless the assertion that the Constitution did not deal with States but individuals only, and that, therefore, not the Slates, bnt ly individuals could lose their rights un der such ConstitutiOtt... 1 wanted not ouly show the argument baseless put that its precise opposite is the exact truth.' I want- to show that tbe very hotly, soul, lire, and essence of the Constitution is penetrated, and characterised by and with this recognition of the Slates, and of their high powers as such. I wanted to bring into view tbe momontens and controlling fact which disposes of this high oonstiiutional question, that the States are not only "dealt. ith" by the Conetitulun, but that their powers as States in our Government are ab- ioiutely vital. And I teparafeti the obliga tions and restraints imposed upon ths Ttates end their officers from the conferments ol rights sod powers upon them, that it might appear te all men and lo the very children who. can read their Constitution, that, in this! marvelous great scheme cf Government as in every other wise, hnman Government, as well es in God's, the enforcements of obligation are coupled with and inseparable from the enjoyment of rights ; that prescribed qualifications for the attainment of power mnet he possessed and proceed, and ere inseparable, from the exercise of power. ' I wanted to show that there eould be, under the Constiluiion, none of the rights or powers of a State where there were recognized none of the obligations or duties of a State. 8ir, how long may this nation survive with a Senate elected by rehel Legislatures; or with treaties made by Senators chosen by rebel 8tate; or with President seleol- e l by electors chosen by the Legislature ef Ssuth Carolina; or with a President elected in a House of Representatives whsrs each rebel State easts one vote; or with a House of Representatives elected by slectors whom a rebel legislature would aulhorixe to vote; or with offioers over United Stale forces appointed by rebel Governors; or with such oonstiiutional amendments as would he ratified by rebel legislatures; or with a traitor for President whom you oould only remove by the iuipeaohment of a Sen ate elected by rebel legislatures; er with such foreign ministers and othsr oflioers of tbe United Slates as suoh a senate would confirm; or with a prohibition upon your closing the ports or tne eleven renei states to a commerce supplying them with all tbe supplies of war, unless you alio elosed all the ports or tbe other states I Sir, ir the recital or those powers which the states, as such, hold In governing th I union, does not prove that a state in re. hellion, and whose government and people are in aotual hostility to the united Plates, is not a oompoaent part or this union, during the eontinuanoe of suoh rebellion, for the purpose of exorcising any power, then such recital does not prove other loings. it proves that "independence Hall" wd s a mad-nouBe from the 14th of Mar to the 17th of September, 1787; and that the uiaumen there suoceeded in devising framework of Government embodying in It a larger numner or separate and fatal in struments of self-slaughter than was ever comninea in a uovernment berore, or than as ever u reamed by men who make Utopias, or by them who form governments in tseuieui. - " ftinanEss iias assumed that ekdkl states HAD NO SIQUTJ AS STATES. , ( I admit that fho aotion of this Oovern- uout was not, at all times duriug the war, urmonious nor consistent upon ths matter oi aooordiug rights to rebel districts. It would have been strange, indeed, if all such aotion, done, as it was, in the midst of the wan events or such wars, revolutions, and reakings up of the systems of lovernmebta. had been oonsistent upon any subject. Besides, as mero measures of war, there was constant temptation to err. if at all. in tho direction of according to loyalty in tho Insurrectionary districts every possible protection and power, to the end that it miiht be developed into support of a Government aggoring to its fall undor the blows of reason. But slill the most solemn and deliberate action of your Government in all its departments, and recently all its actions, nro coeds npon the assumption that these rebel tales had lost all tbe rights of Slates. Among these aote mav bs mentioned hose oi July 13, 1861, and 80th of same month. These have been held to be aots regulating oommeroe," (11 American Law egister, iia, i and these slose the ports of no renei otates to an oommoroe and oap me their ships upon the seas. And yet if less soutnern ports were ports or States having the rights of States, you oould not ly not close them "in reeulatins: com merce, but you oould give no port anv preference over them. Again, in every revenue and tariff aot which you passed in uguiattng commerce ana tne revenue since ho war began, you have not only "given preferences" against the southern ports, but you nave provided ror tneir using totally abut to all oommeroe. Could you provide iu a tariff bill tbat the ports of New York -hill be open, and those of Massachusetts closed i Tb(HQ are only examples. POSITION or THE PRESIDENT. Tbu President has assumed lhal the rebel Stales neased li be Stales in Ihe sense I am noiisideriug. Jell'eraon Davis was captured May 8, 1866; sud the last army of the rebellion was sur rendered by Klrby Smith to General Canby, alih uf May, 18B. . Then the militarypow-oi- of the rebellion was extinct, and actual war was ended, end the necessity for resort toners war powers and expedients oeated. I hen, too, tha laws and constitutions and p.-.wer of Utale government, of these Atales ipring into life and foros if they were only p.tt into abeyance by the war and oould all come hack into lifo and fares when the war was gone. On the 291 h of May, these old Slate constitutions had either come to be iu foroe or they had not. If they were in foroe at all, thou all their provisions were in force and binding, just as much aaNewslprk's consti tution was; and oould only bo ehanged in i lio mode proscribed by themselves. Is it competent fnr Ihe United Stales to order Now York to call a convention and change her constitution 7 Is it oompetent for the United States to ordor it ohaoged in a way in total disregard to Ihe modes of amond-mant which it prescribes as ths only ones by whioh it cau be amended ? Now what has happened in these rebel States? 'lake one example as a speoimsa nf all. On ths 2'Jth of May, 1865, President Johnson issued a proclamation ap pointing notaen provisional governor or North Carolina, aud ordered him, under prescribed rules, to oall a convention for filtering or amending the constitution of North C trolina," &c. But the constitution of North Carolina prescribes alone how it can be altered. This mode is by bill read three times and voted for by three-fifths of ihe members or eaoh branch or the Legislature; then this bill must be published for six months before the election of the next Legislature; then tbe next Legislature, by a two-thirds vote in both Houses, must again approve the amendment; and then it must be appioved by a majority of ths voters of the Siato; and then it is part of tho constitution. The convention ordered by the President is wholly unknown to and lu violation of the old constitution; and if it was iu force at all on tbe 29lh of May, it oould no more be altered in that way than the destitution of England oould) He ordered a convention, he directed who should vote, who should bo eligible to sit in the conven tion, and what oath they should take; every one of which orders would have beon in fugrant disregard of Ihs eonstttution and laws of North Carolina, if, on that day, she ha I any. Precisely tbe samo thing, in principle, has occurred in every rebel State except, pei haps, three. By presidential proclama- t ions new governments have been professedly oallod into existsnoe sines the war was enJcd, and sinco the old constitutions and laws wore revivod out of nbeyanoe, if they did revive. In every ono the new constitu tions and governments hare boen formed in almost total disregard of the provisions of the constitutions whioh they profess to amend. Now, it is exaotly impossible to comprehend the aotion of the Executive except upon the assumption that these State constitutions and their governments had not ta-vived aoa to control ths method of their own amcnftrntnL ' No, no, Mr. Chairman, the President him self tells the eountry, in the notable words of hie proclamation, where it is that Ae deems that he gets this power to order States into existenoe. His words are, "Whereas, ths fourth section of the fourth artiole of the Constitution cf the United States declares that tbe United States shall guaranty to every State in the Union a republican form f Kovernmenf, L Andrew Johnson, Presi dent and Commander-in-Chief," &o. Sir, here is an unmistakable avowal of the source of his power and of the cause that called that power fjrth. If the old government and constitution of North Carolina had In fact eoroa back to her ont of the suspended animtthn which the rebellion had oaused, tbeimho on this 20th day of May already h id a republican constitution, and It needed no alterations lo make it republican nor to guaranty one to her. Sir, let me not be misunderstood I am not pointing to these aots of the President as wrong, but to show thatths President has dealt with this great question precisely in the view I maintain, to-wit, that thess old .Hale governments were so effectually over thrown that they do not come into foroe at the end of tbe war so as to furnish ths basis of republican governments to these rj'ales; and that it has become the business nf the United Slates to guaranty such governments to them. They attaok tha Presi Vent who bold that in these aots of ths Ex (entire, In creating new constitutions, hs did so in violation and disregard of living constitutions and republican governments. already there. I do not attaok him. If indeed, these old State constitutions had, on the 29. h of May, 18C3, resumed thsir sway ever these States, as in sew oaauv nioaa of tha Prssident in this House allege, I 3. that though they beoama t enemies " Bui. Mr Chairman, that is oreclselr what then indeed has the man the champion, Ja I that did not make them "fereign" States so might have occurred at any day during this J : i: .1 1! I a- tti-t lilaa 1H ka.lr h-.I ..I..II! , C .- -1 I ? . 1 - .. I - I uufrvKaraiUK uiu .uvcisouiug ,n wvuon- -v - , . tu.ui taw wv auuei r icu.iiiun II ce.BBtlun Ul wit o ii i i ic a iu. unions, become usurper. Well may ths I pay Ibeir debts. - ' revolted Stales to resume the powers of palnotlo sxecutive head or this nation re-1 . mat, .as tne oouri decides that us states in defiance of the will of this Gov- peal once mora tbe ebromo prayer which. I United Slates may exercise over these poo- ernmeul; and it is precisely what may cc-in all eves-weak adulation- has extorted I pie A th "belligerent" andsovereign" rights, cur to-dav if these States be indeed dislov- frout men in power, " Deliver me from my I therefore we may, ae sovereign, try Davis al yet at heart. If, after exhausting "all TjK LSfiCS li A Wilt!. R EPORTE DFO RTH JOURNAL. K'iXfcfavooxv Kvtts.e'. friends.' i supaius count s position. -Bui t to on. , I now show that Ihs third or judicial 'branoh of the Government is, By solemn and unanimous Judgments, twice repeated, eommitted, in principle, fo tne same exact conclusion for treaaon, although we did treat and hold these .states as an ' enemy t oounlry. d.i As these Slates became "euemiee, ter- rlfory, and all persons residing in it became "enemies of the United Mates, they can not at the same time' harj besn a people Having any political rights to govern in the resouroes of war" for the overthrow of the Government, and failing, It is, indeed, competent for them to abandon these resouroes, and resort to "Ihe resources of statesmanship," and resume at onoe the sign powers or states in the union, wnn- oitt the assent of such Government, then Troops Mustered Out Nep Troubles in Louisiana. It sit In nruaanl i n o ihaat. liitfll srff lln.iatitai I this Union, unless iodttil ibis Union in be there has not been an hour ainae tbe rebel- . . . r v si r i I hoi Arniil hv a hndvftf rtAnnlA. Avnrv Ana nf linn 1...i n .mi ii, .... :a A i let me make them at onoe serve the double! whcm re held by fie laws lo he the "public which this Government has not literally KfllUtkv IgriltllitUffil SocletV . ,. .. , . j IUMDIM orihfl UDItAu c4l.Af.H tuMn r Ik. .. . -I Ik. ll. " enu oi maaing utterly oonom.ive ana com- r r.ii.., .7,-, , i . . , ,, - . ... rw . uie,cj v, m. nlete tha nnaitinn that a Slate mav eeasa tnl "" reapeouuiiy set reoeuiou. nave u governing rignia. oi otates Dy reason or rebellion, and or also answerin tvh-Lc la iimiiI ba mlinh -lb 1a the IacIa.I an praetioal oonsequences or that position. ,,. '.V. ,., " " "rvi mini me repiy is vaiu, oooause me i rill ' T) m Aabi.ttatMBiortb 'V.T..J ' .a .""'"u'7-u,r" rm n py iiiu lXwwimAiv lieaiv ...... J I by jfriend from Ohio jf he has any authori- . Is it replied to what has been said in re- Fav Hunt fin I rinrt fttfanri Tinl Lues en his ninntes for the purposs of vin- gard to the power for mischief of diBloyal sum vu e.ui.y ta'diiu. anilii,:,tln8tll position tbat the sovereign in Senators, in the case which I have stated, I ' ' " ' ' : ' been laid on our table. Their effect is T, Mr- BHELLABABGEB. If I understand impeachment or the formation of any treaty I 1. That it admits that a State may secede. 2. That, as a eonseqnsnoe of this, Jeffer son Davis cannot be punished lot treason ths exaet legal purport of the question are also anou-rh tn nro vent anv.innl.ir.nl wi oy ins uiBiiugmsneo, gentlemen, unaer tne uonstltntion. ' (and tn referenoe to pure legal questions Is itagain replied, exclude these rebels HeW lOTk Co)leCtOrfthiTi any more than tha Governor of Canada l"' now " lawyer right well that he I from the Senate under the elause making a "v apva. uu -u-a,i quc.iiuiis uiuni, laia eaon nouBB tne juage or tne eieotions ana i 8. that if we admit the 'rebels "were to I W4U.B0t talk l ") 1 a""'1 th,t 1 &ai qualifications of its members? the reply is F&McMSM OS fcHIi' BOllilr. be regarded as belligerents," thsn when we "thonty in the prise oases to whioh I al- obviously frivolous. , louunum w.t DOII BVAfiW, take tbera back we become liable for their !"?" "ereign may exercise Doth debts.' i i peiugsreni nna sovereign rights, 4. That individuals and not the States. . atr.fs.Minu. i reoogniieioeioroe or the forfeit their rights by treason. i aeniBious in toe prize oases, but I appeal to in enforcing these objections my . friend I ' " "r '"' f. " 'K Au Irishman jhoiifi Two Eiik- ' iinuiutsir. om New York Mr. Raymond says: If tbe war. out of Ib. Ualon, when dlit Ibsr b eoaie an i Tbov m odc Slat., la th. Uol.a. '1 ihuy went oat of th. O.too tt ws at toa. spec S timaud by oai. .pMiioc aot" l- ' Before the Supreme Court shall be made to answer, as it will, each one of these ob- jeotioDB, permilme, Mr. thairman, to allude to them; and first to tpis question about tbe 'specito aot,' whioh the gentleman from new fork I Mr. ttaymond asks. In whether he has fortified that opinion which k-eespreases that in a civil war tho sover eign may exoroise sovereign as well as bel ligerent rights, outside of the authorities quoted In the prise oases. mm BtiLi.LaBAimr.it. t now apore head the question of Ihe gentlemaD. and I thank him for asking it, for it furnishes me with nn opportunity of saying that I havs looked through the authorities on this sub jeot, ond in the modern aud rospeotablo au. Auotlier Jmliau Delegation Hon the hammer fell. Mr. LB BLOND moved that Ihe time be extended. The motion was agreed lo. ur.i BrJLLLAB.lrlur.tl. Permit me to express my profound e-raltlude for this in- uuigeuoe, on wnion I will not long trf s-pass. ' 1. It under this olause vou mar exclude . Dene,?r ouiy oteoted ana quaiihed in ottua.. r.lmK-e t-.- every otner respeot and sense than that he iiiyaiiioiii wsss comes irora and is eleoted by disloyal Statflfl. than VOII viAlrl tha VrhnlA irmlminl I and accord to this Government all the pow- Rftfiirfi tllB Rimponio fifinvr ersof self-presorvalion whioh I am insist- w wuu. ing upon. The difference is that you find! rum. Uaatea LeaBIisUA. i , t An exciting fox bant came off yesterday on Union course, Long Island. Soma half' a doien foxes ware run down. The Fenian L'ougr.s,ye.lei Jay, adjournal tine Jit. r i,-. , . I'raetlonal t'orreury. It is reported that $90,000 in fractional currency will be destroyed by tha Treasury Department in a few days. The intention, " 10 eubstiiuts an equal amount of new currency for that which is cancelled..: , . Ihe Louisville Associated Press dispatch says Rev. Thomas J. Fisher died yesterday , in tbat city, from wounds received by as-aiilanls Monday night. " Kentaekv Airrlcalinr.l Swlely. j The State Atrricnllural Society at fori, Ky., wss yesterday adlressed bv iia ' President, Mr. Bradford, in an elaborate - peech, recommending taking measures to induce emigration hither, as a means of ' supplying the requisite labor to develop the resources uf the Stale. . tieicra Troubles In l.oulalnnn. ' .The Associated Press, New Orleans dil- '' patch says that the negroee in a parish on ltd Itiverrose in arms ( ,l.v. ..n .'. nnd tried to murder their overseer, but fail- . ed. They marched lo another nl.cn ia i wail reinforoements. Tbe militia nabbed ' ' them all without serious difficulty, and ar-iisted the sccomplioes no several plants--lions, where arms and ammunition were j found secreted in lsrge quantities. The frssdmon in that section had previously re. , . fused to. work. ' Troop Mattered Owl. il Galveston, Texas. Jan. 9 An atyI.i. ha. just been issued hero, mustering out twen- regimeniB, white and black. . v i MUSICAL. .rUUu.iji .uiiriimt - mv ,uu i moritiup ui tue worm i qua no dissenting tho power of self-proteotion under a clause I'Oejtal ftifrilce answer some quosiions or simple legal I voise, I The doctrine will be found, not only by whioh eaoh House is compelled to judge aspeot.' i , -r:i.J i t r 'iiin the text nud notes of Wheaton, but in ssparately on the election and qualfioation ' 1 ask whsn and by what apsoiho aot does I VaUel, in Ward, in Halleok, and Bollo. of its members; and henoe you oooupy a FrOITl " tumult ".become "war" in law T ' T an-1 Mr. DEV1ING. I would ask my friend if position where vou mav have twentv-four in Ihe 8iiii.il. HIT friAnd if I nnftltiAn vsrharsa vnti maw iSawsi 1 txran 1 nf.viv sre ik. in....A. n.iATH.i!A. it i.i.-i .L.j , i . . . . I . . . J . J tui. iu tug uukuhk ui vuiu.eJuai.ica iurtr- n mi iOUKBU OTer inn nn eg in .awrAnrtA'a Miafna in I ha llitmn im rhaa Hanoi a- h;t. unaii, when it. in fact, aaaumos " warlike WfawJon for the purpose of eocing the oon- four in the Union, in the House; and Heat- eij blidulii. m um iu n uitii nmr nimiDg t.uiooriues wqicq iiawrence tntre New York. I nltett State Iposltorlca. New Yoek, Jan. 12 The Tribune's a.rw.,.n .- vui I x jou rvpijj i will B19Cl UlCBo IW011 I crftl baokllaf connaninfl. nnlin,.ia f. uoTernment Govern men t ories than em and, for the he must vajiiiKvjicut, l 1 BU-wnr, m un IH DE unva I lireiaTn ID rtXfn!lNB nilin fliril ft fin fin 1 1 rrxxsA.. s I rw.lhtM.si vahaal Mna maI k. .... aa.:la " of the Supreme Court, when in fact ",h. rights. s'ta. can 5 "nw reiril ar nnllraa Af inal A. ia InlermntaH hD I II. 9ul!M.IItlSr.Ea T . .v. u-i- 11 i- .-- 1 . xiaiauH, luant 18 tne policy 01 tUS I .' ,.i . . 'V T' I .' 1 " rouoio, m mo case yon pui tne reply is not to estab sh anv inuie denosit revolt rebe lion, or Inaurrecl on. an that the I rant cman ihu l,u. L.U ikn..k ik... mi u . a.ij.l n.' , iituiieu uy iuuio ueposil -ST li IVT P""'- :;"ful" " thoroughly.-and that Breckinrid HaS tr Jeat.1 in' yTnr s?d.f:.raS.! ;.rT;;r.: rh. AfVhr .nchdeP.itor.,., i.r ii.:' i" ""?:5'T..: -.u,,,,,,.,.,,,,,, , uiimn ana ae- l decline to authorise them. , ocaiT luut uuioi niiinuiii a ti si 1 11 ss 1 1 iiht i JMExxstiOaEtl. 2iifiOH3 0IV1N TJP01 THE PlAKOvTOfiTS : J sabo lattwi.a In Vjt: Molc. : - - - Orilri lrt at t kit in A On W...frt Rin sarin .Caw... ir. iu)ii utiDaiioo, r, A, VttKHMEn. Kcrl'UEf,L!i'-iJMit(.nSlfir H.im,. ...rf u. i.i.. Musical! Iflusical I PIANOUITAE, atxo voc ti, iivSTurcTiosr. HAvrHo besionkb r poatrros 'rroii - rnr ye.r.) ai Teacher of Mo.lo in ihao. W.1 V. College, Dola.are, 1 imrpcio maklag t'olnmboa I" permanent plM. of realdeace, and will .ire le.afn. on th. Pi.njiorle, Oait.r, Vooai Maaie, aa loeolce. in.truotlon oa the primary element, of Vocal" Afnilc will beslrea to a class of ehilaren. 1 Apply at my Boom, 1H Ka.t ctatn tit. r ' MluULAna McOATtrXR. Rxntrnci-Ri... p. g. Co.. lion, Prnrident O. w. P. Oollrir.; Oicar Mayo, Piofeuor or Mn.lo, 0. W. F. Qollean: frof Sahirnee. Pm. (!hHFvi j-h- Pellaer,! Mr.. J. 0. Woodl, in. SearrlU. , . , PHOTOGRAPHS. vvu, ...il id. iu.urrvui.iuii ueonmBs, in rmflot nna anyconnioiinaiat ail Impairs faot, so strong as no longer lo obey the sov-1 the force of settled law as established in ereign, ana to do able by war to make bead I the DrlCe oases. against him." When, in law, and by whatl Sir, it is a weak and inadequate stale-. npeoma act, uiu tne enure population of I men! or the truth to say tbat be mocks the v irgmia, inoiuaing me loyai men, eease to I law. ottendS tbe loval sense nf the n.nnia he " friends, and become " enemies of the and Insults their common sense whn .nrm. United States ? " I answer, when, in fact. I that that rjeoDle or those State, h.d ... they became belligerents." 'I rights of government in this Union, every ir these answers by the highest authori-1 man. woman, and child of whnm have hu. ties in the World do not Still enflW.r what. I nennAnnenit hv Ivn nnanininn. i,.--. ,- H. I I.. J ,t- r "speoifioact" deprived South Carolina of I the Supreme Court of the Republic to be, in en which a republican State of this Union romaillinK ,her msT y bo made, every right and power of a State, then 1 1 contemplation of the eupreme law of that can be built, that of the general consent and foeia Sorvlea in the Son ill. stroy your Government? Conld either have been excluded from any known or ascertainable personal disqualification? no, Mr. uhairman, there is no escane. If the United Stales has no power to deoide. as a great ana sovereign people acting through tnoir uovernment, what shall bs a "State in her high Union, and cannot determine when, cut of the wreck and ruin of old States, have been formed new republican IteorvaiiUatioa ol the Keirnlur Army. Senator Wilson s bill for the reorcsuisation of the Hegular Army was framed upon the plan laid before the President and Secretary of War, a few weeks sinoe. bv General Grant. General Grant expresses the opinion that tho necessity of maintaining a large military foroe in the Southern States no longer exists, and he believes that a material reduction in the number of cur troops Photograph Galleries., further answer him that it was that specific act wnicn turned ner citissns into traitors, took from her the loyal courts, statutes. Constitution, tribunals, offioers, aud Legislature, aud which filled their places with treason and kept it there. And if the een- tlemau still desires lo know the speoiOo lime when this happoned, il will answer all tho purposes of my argument to reply that it happened about four years before the time when he told us il did, lo wit, before she "surrendered." The destruction and superBedure of all loyal government and law lu Sou lb Carolina was a tact, nut a law. t was this raarriu "raol , which made her cease to bo a Stats governing this Union, and not any ordinancs of secession. The distinguished gentleman to whom I have alluded states the fourth ebieotion I whioh I have uamed 111 these word.. 1 'Th. D.OUl. Oi fitat. tu.v. hv lrAM. a,fbli thtir ilsht., bai Ib . losaleotac or via tbejh... no powar to affoct tb. conrtllin of a M.t. In Lk. Uoion." That is, turned out of metaphysics into tugltsh, every inhabitant of a State may, by treason, oome to have no political rights or powers whatever as individuals except the right to be hung; but the same individu als, put iulo a bundle aud called a boiv pontic or state, nave au political rights and powers, and can govern this Union I ' Mo a plain man would have ditfioutly in being able to see a living, acting, ruling State where thero was no constitution, court or law, ana where there were no inhabitants, all these having been hung for treason. Suoh a man would bo dull enough to conclude that If you hung for Ireason all the people rcquirod to make up Ihe body-politio called a Stale the State would at least be in affliction. But, Mr. Chairman, it was unfortanale for this distinction between the political Siate and its people that it has repeatedly enoountered tbe ordeal of the Supreme Court and has been utterly discarded by it. In 8 Dalits, 98, that Court says: "A dlstlee Ion I. taken at tar between a State and Dm people of a Slate. It 1. a nfitloctlon I am not e.p.bl. ot comprehending. B, a otat. forming a republic, (ep.ekin.-0' II Ul moral per.on,) I do not Beau the Ii gialatme ot tbe olate, Ihs Jkxiontive ot tn. state, or thojuclctary, but all iheo.tis.aa wliicb auniioie th. State, ami a... in ma n .xpii.. my-eelt, integral parte of it, all t.gnhsr tormina, body- po'itlo." - Ths same repudiation of a distinction be-tweon a body-politic and its individual members is in the ' Prise Cases hereafter oiled. Two years before the objections I have quoted were so ably uttered, they had been preesed, with learning, seal and ability equal to his, upon the oonsidaration of tho Supreme Court in these "Prise Cases," (2 Blackstene, 635,) and had been disoarded unanimously by that court, nine judges Bit-ting, including Taney. I say it was unanimous beoause all the court ngroe that after the passage of tbe aot of Congress of 13th July, 1861, rcoognixing the existence of ths war, every inhabitant of the rebel Slates became "enemies" of the United States and "belligerents." I affirm that the reasoning and judgment of thisoase settle and eslabiish eaoh one of tbe following propositions: 1. From the seventh paragiaph otnthe Syllabus (page 6il6) I quote and affirm tbat the late "oivll war between the United States and the so-called confedetate States," had "such character and magnitude as to give the United States the samo rights and powers which they might exercise in the oase of a foreign war." .. 2. From tbe ninth paragraph of the same Syllabus I quote and affirm that "all per-sous residing within the territory occupied by the hostile (rebel) party in this contest were liable to be trrated at cnemiu though not foreignert" 3. I affirm again, quoting from the opinion of the oourt (pago 073) that "it is a proposition never doubted that the belligerent party who olaims lo bs sovereign may tzcrciu both botliierent and tovtreign righti." i. I nffirn that precisely the same objection was urged in this oase as those I have quoted; and were etated by the connt in these words, "that insurrection is the act of individuals and not of the government or sovereignly." and "tbat lbs individuals engaged are the subjects of law," and "that seoeBSion orainanoes are uuiuuvb auu ineffectual to release any cilisen from his allegiance." To these objections the Supreme Court reiilins: "Ih:. argument real, eu tlx aiiuiuptloB oTteo propoeltioua, eaoh of which i. without foundation UpOQ in. Mr.Dll.n.l law ui n.,iuu.. . uuiu. that wh.r. a .till w.r ilt. Ih, party balllg-rent elalmlng to beor.-elcn cannot, tor .om. no-known rteaon, .xerciae th) rl bt. of belllavreat., though th. revolutionary party may." Again the oourt replies to those objections in the following words, the court italicising ths words: 11 Id organl-lng this rebel!! n they have cid a. State cla'mlBg to b. aov.r. ga over all persons and property. In Daoember, 1803, the ten judges (2 Wallacs, 404) unanimously decided the same thing; tbat all the inhabitanls, guilty and inneoent, Deoame oeiugorenis ana "en smies" of these United States. Ths results of the two decisions are that these rebel States, 1. Actsd at Statu tn organizing therebellion. 2. That all their citizens, innocent and guilty, were thereby made " nrnii of Ihe united mates. Republic and of the law of nations, the nan- no enemies oi tne united states. Docs the gentleman yet ask for "thesDeci- fic aot." that deprived these Hints of all the rights ot Btatee, and made them "euemies' I once mote answer him in the words of tbe Supreme Court that the specific acts were Ihey causelessly waged aguiust theirown Government a "war which all the world acknowledged to have been the greatest oivil war known in Ihs history ul the hu man race." That war was waged by these' people "as Hlstee," and it went through long, dreary years, lu It tbev threw off aud defied the authority of your Uonstitutiou, laws, attil Uoverotuout; tbev obliterated from their Stale oonatitutlous and laws-every' vestige of recognition of your uovarnojont ; they disoarded all ottj-oial oath, and took in; their places oaihs to supporiuutr enemy a government. I bey seixed, in their Btatae, all the nation's properly ; their Senators and Representatives in your Congress insulted, bantered, de-nod, and then left you ; they expelled from their laud or assassinated every inhabitant of known loyally ; they betrayed and surrendered your armies ; they passed sequestration aud other acts in tUo-itious vi olation of lbs law of nations, makiug every '"'"mm. nll..n n Ik. Ilnllml Ml.l.. -n li - I b'.torS it C loyalty of its peopls. then Indeed is vour Government not so much as "a rooe of sand." It is a monster oomnelled bv the organic law of its life to terminate that life by salt-slaughter. But, sir, suoh is not the law of Us life I have already shown that the President has disoarded suoh conclusions. 1 now invoke Ihs authority of the highest court of Ihe Kepublic, and by that I show that it has decided this question also. I stats the etieot of thisdaoision in lha language of a distinguished law author (see t uiBuop, urtm. Law, iss sec. J He says: "1 hae been H.ttld bv adiudic.tloa that It ia for the President and tbe two Honeea of Oongr as to d-c d wbelhir a particular eoT.raui.iit within a Slat republican or aot, mud to recognise it If it ie, and to rem,, te reeeirolze tt If it I. not, end tbeadn-dloatlea of the mallei by tbem 1 couulu.ti. and biud tbi court and tb. nation. It 1 not Ih.r.-for. for .or cla. ot Benton, la a Stat, whl.h ha. ceaesd to b.T. a BVVitBment toast op agjvaraouent The language of ths court is (' HowarJ. 42 and 43:) tinder this artiele of lb. Oonititutlon It rala itn contra! to re-Id wblnu aoveramant" rt th. IwoMt up lo Hhed. I.l.nd " I Ib. eu.blf.ried on, ii.rvBine uouea eta aa frueranl to acb ttiato a republican .overameot, Cebgiea Ktu.t necu.arily citizen cf the United Slates an alien ene my, and plaotng in the treasury of their rebellion all money and properly due such citizens. Tbey framed iutquity and universal murder into law. They besieged, for years, youroapitul, and sent your bleoding armies, iu rout, baok here upon tbe very sanotua-rics of your national power. Their pirates burned your unarmod oommeroe upon every sos. They oarved the bones of your un- buried heroes into ornaments, and drank from goblets made out of their skulls. They DoiBonod your fountains, put mines under your soldieiB1 prisons; organized bands- whose- leaders were concealed in your homes, ana wnose commissions ordered the what government ie eetabl-bd in a tstato eau deoide whether It i republican or nol. WhirB the Senators and BepreeoBlatlve. of a State are admitted into the oi.uni.il ottb. 0nlon tb. antbslily of the government und.r which Ibey are ppoin-ei u reronoirw uv tne proper oontl:utlona authority. And im doeleiou I binding on every oipiroep.rtmenlol ineuoveranienl. "uonouDieuiy a unitary eovernment ekl.tilLnod the permanent Bor.rameut of tbe State, wonld not be a republican government, and it wonld be tbe dnty of Cjngreta 1 overtnrow it-" Mr. Chairman, here I must close. If it is asked me now, granting your po sition that these States in revolt ceased to have any powers of government in the Union, still have not new ones been reor ganised safe and fit to resume these high powers r t answer, sir, tne question "is il torch and yellow fever to be carried to your ZA no- . ."Tfi Ti! a mal",aa ;.in. .nHT .a wn. -uu.- trl' 7 " American Con gress, it was the whole end of the feeble cities, and to your women and children. They planned ono itnivorsal bonfire of the North from Like Ontario tb the Missouri. Thoy murdered by systems of starvation and exposure Bixty thousand of your sons, as brave and hereto as ever martyrs were. They destroyed in the five years of horrid war another army so large that it would reach almost around the globs in marching oolumni, and then to give to the Infernal drama a fitting close, and to concentrate nto one orimo all that is criminal in orime. and all that is dotcetable in barbarism, they killed the President ' of the United Stales. Mr. Chairman, I allude to. these horrid events of 'the recent pBst not to revive frightful memories, or to bring bock the impulses toward the perpetual sevuranco of ibis people which they provoke. 1 allude to them to remind us how utter was the overthrow and obliteration of ail govern. menl, divine and human; bow total was the wreck of alt constitutions and laws, political, civil, aud international. 1-allude to them to oondense their monstrous enormi ties of guilt into one orime, and to point the argument which I have concluded to vindi cate my Government's power to take jurisdiction of this inquest and hold this trial. But It I am demanded by what standard of fitness, and what guarantees for safety, Congress shall deoide these great fade now on trial, it will serve all the purposes of ths argument and this hour to reply that, in the true and high sense end spirit of tus memorable words of the President of the United States I find a fitting answsr. He says : "No Stat, ean b.iegirded a. thoroughly ergan- ii-ou, wiiii.ii iia. nut eauprva imr.riip-o gwrunuu for tbe right of ib f.ttdmen.'' Mr. Chairman, 1st this noble utterance "irrevtrribU gwirmtcci for the rightt" of American citizens 0 every race and condition be written with pen of iron and point of diamond in your Constitution. Let it thus be made "irreversible" indeed, by ihe aotion of the State, in the only way it can be made irreversible; and then, to establish this and every other guarantee of the Constitution upon the only surs foundation of gontloman from New York Mr. Rajmondl a '"" republlo Ihe equality of the people 6 .. ...... ..it . , .... . . -J an1 r.f ibn Rtatam m-ba k. II,- A io it, and ta toll him that was "lbs specific act.' Now, Mr. Chairman, if Ihe combined for ces of Ihe Constitution and the Public Law, the obvious dictates of reason, justice, and oommon sonso, and these enforced by the approval of repoatcd and unanimous judgments of the Supreme Court can settle for our own Government any prinoiple of its law, tnen it is sstehiishea that organised rebellions are not "States," and that these eleven distinct politloal treasons, which they organised into one, and called it "the Confederate Slates," had no powers or rights as States of this Union, nor had the people ttureof. BESl-OSATTOll 01 TBI STATES. If these States lost their powers and rights as States, by whst authority and means aro they restored f is It accomplish ed by mere eessation of war and the de termination ot tbe rebel Inhabitanls to resume the powers of States; or is this Government entitled to lake jurisdiction over tbe time ana manner of their return f I hold that the latter is the obvious truth. Let it be admitted that these rebel districts may, without tho assent of the United States, and without regard to the stato of their loyalty, resume, at ploasnre, all the powers of Slates this Hovcrnment having no jurisdiction lo determine upon the qiies-tiou cf their loyalty or the republican character of the new Slate governments then we have this result. There were, during the first years of ihe war, twenty-three rebel Senators, inoluding Breckinridge and another. That was more than one-third of the Senate. Thosetwenty-three in the Senate are enough to deprive the United Slates of all power ever to make a treaty, or lo expel a member from the Senate, or to remove from office by impeachment a rebel Secretary of War like Floyd, or a rebel Secretary of the Treasury like Cobb, or a rebel United States judge like Humphreys, or an imbeoils President who thought seoession unconstitutional, and its prevention equally unconstitutional like Buchanan. How long, sir, could your Government survive with suoh a Senate, one third rebel? How long oan you live deprived of these powers vital to every Government? - Mot a week, eir. and of the States make, by Ihe same organic law, every elector i a the Uoion absolutely equal in his right of representation in that renovated Union, and I amcontent. Let the revolted States base their repub lican State governments upon a general and sincere loyalty of the people and oome to us undsrths guarantees of this renewed Union, and we hail their ooming and the hour that brings them. If you ask again, "Suppose such general loyalty should never reappear, shall they be dependenoies forsver ? ' 1 f you may auppess the case, then I answer roaivxB I Corrwpondence of tbe liaw York Observer. Remarkable Cslncldenea el Deaths. Pakis, 111., Jan. 4, 1866. On Ihe 1st instant our community was greatly shocked by the sudden and simultaneous deaths, at Ihs same house, of two venerable pioneer ladies of this place. Mrs. M iry Alexander, and Mrs. Belinda San-ford, the former the reliot of the late Gen. M. K. Alexander, the latter ef tbe late Gen. Isaac Banford. They were among Ihe first settlers of tbe place, and did much to aid in building up Ihe eduoatioual and religious iuteraats whioh heretofore have distinguished our place. They were lite-long friends, and had reared large and respectable families, living in comfort and alHuence. Mrs. San-ford had gone on New Years' day to see Mrs. Alexander, who had been quite ill with pnenmonia. She had just reached Mrs. A. s door when the messenger of death met her, and she fell, a corpse. At the sams instant Mrs. Alexander within, surrounded by hsr weeping friends, expired. In this oase there was a eombination of singular coincidences. Tbey were both pioneers, both wealthy and influential members of society, both worthy members of Chrlctian ohurohes Mrs. Alexander of the Presbyterian and Mrs. Banford of the Methodist, intimate and early friends, and both stricken down on ihe first day of tbe new year, at the same instant and at the sams house. The Post Office Department hss received reports for December from its agents for opening new offices in the Gulf and South western States. All concur in the slate- nieuf that tbe takiug of the test oath, that they havs not voluntarily given aid during the rebellion, whether taken by postmasters, iulurnal revenue or ou.-noiii bouse of-fioeiB, immediately nmlawe the othoer from all eooinl intercourse. The feeling against the North is aa bitter in all the States as during the war. IndlAu Iab;h.IIhii. Auother delegation of red men, twenty. five in uumber, and composed of Cherokees, Chiokasaws and Ckootaws, has just arrived io town to lay tbeiruover oensing grievances before the Indian Commissioner and their Great father. The Commissioner has not fully investigated the complaiul of the delegation of Saos and Fox, who slill remain in tb. oity. Itevettite Infrlniiniciil Ciiee befoie Ihe - Hnpromet'on r. The Supreme Court wss engaged upon the great California ohampaigne oase of Revenue infringment. D. R. Katon, of New York, delivered the aiguroont for plaintiff, and Attorney General Bueed. as sisted by Judge Lake, District Attorney of t;aiirortiia, conducted the defouBe,. -- rauacienee Money. Another ease of conscience has been re ported to Gen. Spinner, from Philadelphia. An anonymous party deposits a sum of mo ney with Ibe Collector of Internal Revenue, announcing that it rightfully belongs to the Government. lion Moulders Ira Stealou. The Iron Moulders held a secret session yesterday morning in Tammany Hall. In the afternoon they resolved IheniBelveBitito a oemminee, and transacted business of a routine ohuracier. fenlRva PtJes'ntr.s1. An immense mass meeting, in honor of the Fenian Delegates, was held in Cooper institute last evening. Aauresses were made by several delegates from various Slates, and by Col. O'Mahony. A Fenlnn on Benrrl she Steamer Mole. 'Bnylor fsliuota two EdsTllaliineu The Herald's Georgetown (Nicaragua) correspondent states, tbal on a trip on the steamer Moses Taylor, from San Francisco to San JuBn, with California paesengore for this city, an Irishman came on deck with a revolver, and declared that he would shoot any man who was not a Fenian. Two Englishmen at once donied having any Fenian proclivities, and he shot them both. Ho was wounded himself in turn,, and jumped overboard, but was rescued by the crew. New lores CelrertArnhlfi. The Times' Washington special says a party of prominent gentlemen from New York, beaded by Gen. Strong, arrived there this morning lor (he purpose of present ing the name of Henry A. Smyth for Col lector. Mr. urapcr Is also there, backed by a strong influence; and the name of Juduu Olin, of tho Supremo Curt for this District, Ib also presented, but tho President to-day assured the abovo mtnlioned delegation that he was in no hurry to make the ap pointment. Canadians Aextnn. to ltnaew Ibo Re- (Jiproellr Tre-iety. The Canadian Embassy, headed by Hon. Mr. Parley, who oome for the eurnoso of urging ino renewal or Iteciprocily Treaty, arrived here laet evening. They will fina their object exceedingly difficult of attain ment. Petitions from all Quarters against the renewal of the Treaty are pouring in. Oeneral Inalar. . The World's Washington special aava : Maj.-Gen. Custar is the officer referred to in a recent dispaloh, as having expressed disloyal sentiments at a publio meeting in lexas. Tension t'lnlms. An immense number of olaims for nen sions havs been rejected recently by Commissioner Barrett, upon the ground that they do nol oome wilhin the letter or spirit of the law. These olaims are, however, of suoh a charader as to merit the considera tion of Congress; and as there is no legal right on Ihe part of theolaimantB toieoeive them, the Pension Commissioner recommends that they be paid nevertheless, un dor special enactment. Some of lhase elaiins mav not bs presented ror years, aud it is deemed unjust and improper to establish a precedent now, allowing the ponslon to commence from Ihe date of the death of the Boldier. The House yesterday adopted the rule in this matter, and fixed the date of the nts- sags of tho act of relief, as the day on which the pension Bbould commence to run. Arrlvrat-of Jlemr. The steamer New York, from Aspinwall. with California passengers, is balow. The steamer Moro Castle, from Havana, ia be low. NcalTolillnB; Rttnaftved from Iho Dome of tlteCnpllol. . Ths Times' dispatch says : The last plank of the scaffold near Ihe eve of the dome of the Capitol, was removed this evening, revealing the magnifieent dosign in fresooe upon which, for etgnteen months past, Con stance Bramsby has been at work. A. S. BALDWIN.. i. M. STEVENS. BALDWIN & STEVENS, i Pliotographists! ' Two First Class GalleriS. On in' AM BOB' BUILniHa K. ak a-i. trin- Strtet I ' " " Tbe other at No. SI South High, known ta I at. WIT! '8 OLD STAND. '' Bath I.ell.iiH Imnedlattfy oppc.lt tbe ITiiiltJ. : Th. tat Artl.Mlo the Prorevtloo employed. I'iclur.i furui.bed lu '-'"' 1 INDIA INK AND WATER OOLOBS. AlBO in Oil. ' .Hil f trlnres a-upleu and Detailed , beet poeaible alyle. BA f.DWIN A STRVKNa, Me. W aud Si Booth Hlgb St., jat'S-dam t'oi.uHeue, o. PHYSICIAN. E. M . 1Mb WNH, SI. D - PHYSICIAN "AND . SURGEON, ". Trat al Alataaei of th. B;, l.r aud attaint-1 a'o of thelhrokt and Luag. Dr. DOWNS will .It. " 3 a o o ,'o o"".. To any pewon who will produce a mora massy or perraanentcure, for any form of VENEREAL DISEASES, than heoa ploy. - 1 The mt p.rttrnlar attention glrea to all die.' Mie of Women .ed llhlldrea. . Oslo, at the Opera boa lanS-aod If V. 11. SHARP, H, 1 Eoleofid Physician and Surgeon, Having located lo Oolnmbe reapeetfullv tenders vl'in'ty to"" lliaenelhaiwof and 'x TT . II A ll Jt ran ehallooee tt . wli le medical world to eonal hi euceeielul Irraiment of Tj finold Pntumonla Inter, nntlent fmera, and all Ihe varlena form olMl.neea pecaiier lo th e countr,. For ihe Let eta yeara la Ulrcle.llle. ih. Di.r.itr. to thoao wbo have be,., nll.vid and Danyotbira will bmr witceaeto he ime: Mr. A. r-ontehi, Sir. It. Uorria, Mr O Bt.: ! tier, Bon. u. M. Hrgv., tjol. n. h. ih, p. w Botger., Jacob Oaie. a. L. Porrill, O. H. i-hir.rd Umild mu tlply (ed n Bnltum), b it I will 1,1 Vhiea entnoe or tho pn Beet. Office on Foarih Iret-f, bit. twe.nBtat.aiid Brojdway. in Mr. J. niller'e olBc jtnPdlw Eclectic Physician & Surgeon, HAVING LOt'ftTKD IN OOLOMBUS, BK8PI0T-FOLLY t-ndr.ii hln profewlan! Mivicu to ths Oit.Wli't l.ltilejOl n1 TlflDftj. All dlMSM tttt)fl 'h"VsU mi'icury. , " ' " t.oD Foarihit., Vatnea SUte fc Broadway, .1 J. M.l.er'nofflci. dc6'6 tf , f DR. T. P. BOND, LATE SUBGEnN OF THI 821) O. T I., AN1 1 Bo gwn-In -Chief of Di.iit h; 1io Ob1r of in OierftMDg?f(T of BnrKBon of Dl-liion. which ttddi mr.teriie.lY to h't formar ttiperienca t-f IS jrari In c jraoilt.e, bt-'loft parmftDetHI" Jomtod Ib (hl , nty, Win)J iMpeotfully Under hit profowlon-, ftl nrcfii to th) rtttr.noaof Oolumbui untj .Tlclnltr. 1 Oillr.., Mo. b7 Em. a:ttt it , oppotlt th 0pltol . iiw.cn rilyr . OIL COMPANY, COLiJIHttBI ML WHPAN?. ' Mtonfectaren of SUPERIOR KUUNIXG OIL, MACHlZSK Oil. AND MAPTHAV. - 'c-W:iu of renlteuflary. 1 (Xll-DMBOS, OHIO. li. I"; REES 4 CO., Proprietor.-. mmri9 snMoiTin, saTiTAtrrioN odau." I I ntd. Second band Oil B.rr.1 boaght S fci'tpricA. eagM emeid FOUNDRY. FOUNDRY: ASD MACHINE BHOP.V L, B. DAVIES. MaimOkCfni-pr nf Portable and , NlatluiiHry KiirIiicb, .. . Cross-cut or Drag Saws and Circular Sawing Machines, Alcott, or Broom Uandls l.athes, . i '1'hre.biag Mechlnea, ttowers and B-ap-ra, Iron VhUIU- anj Safie, Snear Mllle, llill Worka, Bora. Power, llrktl og r.d ITenclne;, Braia and IronVaat-iege, Ac, e, . , , 8iir-'if hndi of Repairing at thori notice.' ftrun'l Hi,, ror. ol Niaia Avenae, a . OI.UMH(IN, O. ; .-g.d'veed Weed Sewing Machines FRiiiilic, fiemn.atreaea, Tailor n, ado. rr.nEY are Tne host sebviciable, am- ' . Pl.R .nd m'H.Bta Sawing Haoblno In aw; nee a etraiebt needle and make th. Lcck orMlittt-tle Mitch. Will w anythli g, frnm th. running ill tack to tarltan to the making of an overooal, ' and all to parte, tlnn. . i They are the err, nd Iberefer. tbe rar ap.jt. 1 invite all io want of a anperlor sewing Machine to call and exaailne tbe " Weed." -. . .1. RinTFXIi, Anenf, S3S SOUTH HIOH ST., A.ATTI- NO. MER'S NEff BUILDINO, --ola.XTXxloi-x. OlAto. lans diim-eod f.v-J fja! Si 1 -

) g ,t,tsirxD,A.eisBrt ttfi'tl OOMLY, ROBY & SMITH OIHf JiA J. Kul MM flirt, r TERMS OF SUBSCRIPTION. "TSUUOT THB X1TLT JOOlXAfc. it 1 1 SobwnUn, 1 yw, bj ml.... 00 BiDiuaobMrUMn, v.moatiit, a.............. i flintile Hubwrtbari, 1 month, " 0 SO ingl 8nteribri, pr month, 4Hfr4 by , Mirir.n,.,.bHM......;.; , 0 90 iDgUthibKriMra. ptr wiwk. ,dUi.vd to tarrtor , 0 (0 Tit Ml Of TBC TSI-WICRKtT JOUBHAU BlugUHuUorlt, 1 ymr. 4 60 afngle 8ubionbri, 6 moalbf WM. , 8 80 Single ftabiorltwra, ft Bonthf,H,H(m i,, 1 16 ilagU Bnbif Hbn, 1 month 0 40 TKBH9 Of TH WBIKLT JO D HI At. log la BuUorlbn, pwr yrMm....,M..M.MMM.. t 00 TERMS OF ADVERTISING. ' Di.LT-Ou Hqnr, rjaoh tBMrtloi..... BpMtail M(Uom pr St, titer. Mob Idhi- 0 76 Uon SI .' ' tjcel nd Haln Hotloei, per 111, rt- tch IttMrttnn w 0 SO WitsiMf Ot bquar, oh Insertion ...... ........ 1 60 LtMiandBaaloMt otloetpr Itoa, ' Mob taMrtlon ...... .y,.,..,,,, p tjH Ont Kjairt e-wn thm-qnutcn of n Inch lUrrttM No Hew will herMflar ImrlabT charged 60 oeoU whoa andcr Aw liu, and 60 otnt pur inr WB1D MOiipf'og BtOrS ipiN, Y . i Book tod Job Frialln; neatly tad promptly Hoi liori ' ..0?ilvl ; .,J. 1 V. . COLUMBUS, , OHIO, . SATWll) AY MORNING, JANUARY 13. 1866 NUMBER Jn& question, whether an organized rebat-has come io be en orgauixad "I'Ule;" whether "bahilunl ' (reason hue come lo be "habitual obedience 16 law:" suit whether the lea-al "idaa of Slate" bus come to be a synonym fnr chaos, in which are commingled, lin unalienated political ruin, the abso-lule overthrow of all lis "supreme laws," tha wreck of all . oval ooustitulioos law), and forma of a-overnuient, and the Jeath or exile of every inhabitant lo admitted the natenoe or such loyal nta.e : SUrely, Mr, MMiwiaa, it i not too nine to eav that even under the precepts of pub lio law, Iboad eleven districte Oklled " Cou. fedrlla Slates." ceased to be States, lu thern. durinir so many dai-U yeara. Ihere wae no obeuieuoe lu law except iue law wuioti oomijelled the tllianoa. of all "eupreme Uw;'f ,threJjWM na government except mat which oonsieieu inonioioinguiBio.vaiir Is Ofvernment thoro was no obeervancaf mo'iiaw 01 nuDUN. uuiwo n. i'ij fiouna in iudisarisunate and remoraelues aaaasaination or murder or overy toyai man whom their treaeon could reach, either by mans of the dagger, the torpedo, the poi-onei food, Ida bandit, ;hi violnlloce of truoa or the eyalemnliied deetruotion of prllonert of war. llieir nouy-poniio wae one kigantio treaeon, mjide up of eleven org aaiied rebollione, (rlfibined into one by tne force of a petfsm. ; 4 . K MR, SHELUBARGER. I !ii-I'r-t nlj UiLilii Wt lllfflcl.l ll.potl fr ju Tie Ul be.j MIIIS or RKPKEIaltaTA'IIVCM, MonT, JiatiiEY 8(188; J a ' . a)icuentuonoa. ' Mr. SUKLLABAHUIiR. Mr. Chairmtn I shall Inquire whether the Constitution doale with Statu. 1 shall dieouss theqtMS- iion wnetner an organlied rebellion against Government is an organised "State" in that Uovernmool; whether that whioh can- not bmmt a ".Stato" until its officers hare worn to support the Constitution, remains Stale after they haveall sworn to overthrow . tnat tonslilutioo; and If I find it does con. tinue to be a State after that, then I shall strive to -ascertain whether it will so con tinue to be a government, a State, after, by means of nnivereal treason, It has ceased to nave any eonetitutioe, lawey legislature, courts, or citizens in it. If in debating these questions I debate axioms, my apology is that there are no otnor questions to debate in "reconstmo uon." If in the disonssion I make self-art. dent things obscure or Incomprehensible, my defenee shall be that I am conforming to the usages of Congress. I will sot inquire whether any subject of tnis uovernm.ni, ny reason or the revolt, passed from under its sovereignty or ceased to owe it allegiance, nor wbetber any terri tory passed from under that jurisdiction, jjecause I know of no one who thinks that flcy of these things did occur. I shall not consider whether, by the rebellion, any State loot its territorial character or defined boundaries or subdivisions, fori know or no one who would obliterate these goo graphical-qualities of the Slates, l'hsse questions, however much discuss ed, aro in no practical sense before Con gress. ' ' WHAT IS BSrOBE COHORTS). What is before this Congress by far the most momentous constitutional question ever here considered I at onoe condense and erhi'tii lu a single sentence. It Is under our Constitution possible lo, and the lalB rebellion did in fact so, over throw suit ueurp in the insurrectionary H I I o ra lnv-l gla! " during snxh usurpation, such States aud their people ceased lo bare any of the rights or powers of government as Slates of this (Juion; an J this loss of the rights and powers of government was suoh that the united States may and ought to assume and sxeroise toeal powere of the lost State governments, and may oontrol the readmls-sion of such States to their powers of government in this Union, subject to and In aoccrdance with the obligation to "guarantee to each State a republican form of government" i . This great question I prooeed to consider. wbut, ni tu uns or nations, is a stati? At the very foundation of this discussion lies the questioj, what make up the necessary elements of every Slate In the Union ? What properties are they which, if any one be loet by a Slate, it aeases to be entitled , JKnxerciae the powers aud demand the rights 9 political and governing member of that Union? The argument I now derive from "public law" is really identical with the one I shall next adduce, and shall base upon the express terms of Ihe Constitution. In this argument assuming, as I do, two axioms of our law; first, that the law of nations Is part of your Constitution, (Const., art. 1, seo. 8, slause 10,) and second, that such Constitution is to in States, at least, as muoh "supreme law ' as the intsrnatlonal code is law to the cWilited States which are under its way I here only show that theselaw-defying communities in rebellion cannot be "States" unless our Union has lowered and debased the world's "legal idea" of a "State." ; ' . What, IL.n, is required to constitute a State, by ths law of nations ' Wo answer: 1. "A fixed abode and definite territory belonging to the people who oooupy it." (Wheaton, 38) 2. "A aoolety of men united together for the purpose of promoting their mutual safety and advantage by their combined strength." . (lb. 82.) 8. "The legal idea of a State, necessarily implios that of habitual obedienoe of its members lo those in whom the superiority is vested." (Ib. 83 ) This third necessary element of a State Is the only important one in this discussion. Honor, I add the following high authorities: Orotius (bock 8, chapter 3, section 2 ) ayi: . s ' Th.Uw, iijecLllrllKtof nation., I. loth. 91 te as th. t,ul f. Id tu.t or the faur.a body, orfAati.-inf lakmanap U cMifl'o At a Salt." Burlarasqui, (volume 2, page 25,) in defining a State, Bays: . "It . muHltaitaof pnopl. iiat'ed togelhir by a eomaioa Inter It ud CDBuOa law., In vtlca ts rtnu mtk out aoecr'J." I might add to these all the writers on pnblie law for centuries, in confirmation of what is self-evident without proof, that there can be no State where the people do not habitually obey Ihe laws. For four hundred years the unanimous conscience and oommcn sense of the civilised word has refused to recognise the existence of a people who were habitually disobedient to their own laws, or the law of nations. Such a people is blotted out. Mow, snrsly, if habitual obedience to law "was necessary to the legal idea of a State," even under the vague and general precepts of the international oode, it will iiot be insisted that hahitnal, persistont and universal disobedience will be tolerated by the well-defined, express, and rigorous provisions of the American Constitution in the oiliiens of ons of its States. Shall that position bs tolerated which admits that the law of nations will sxpsl from Its union and b!ol from existenoe an habitually lawless people, and yet the law of our Union permit snnh a State to govern it? Shall a Union, whose Constitution and laws in evcay single great atirl- oute oi tne national sovereignty are tne 1 supreme law or these states ana their people, rsoognise and be ruted bya people who unanimously, habitually, persistently, and for years disobey and defy these laws? . Can it be that for four centuries ths united conscience and judgment of the civll-ited worl J shall prohibit the existence upon the earth of suoh a monster as a State whose people are habitually lawless, and then shall it te left for our "more perfect Union" to establish "States" which, although they cannot comrtwiee their existence until very officer and minister of that State hall swear to support the Constitution of the United Slates, as the supreme law of fk land, yet shall conUnut to be States after CsF'ery officer of such State had discarded suoh oath, and every inhabitant had, for years, defied aid and disoarded these "supreme lews?" In the lights f the publio taw of the world let this Congress answsr the start- deS' if possiMo, inoro conrhnlvo argu-ils. 'Igo from' (ho pubUc-V" 'a ,lia relentless military I : it But. sir. the' unexampled tnoniilude of tha Interests involved, impel me on lo what are, menl const! lulion. i ' w.it is srAtt I'jTU" uatojr'6 NoW ws prooeed lo imiutre what, it any thing more, is rfqmrfdi to. make ft tvate ol Uiis Union than in requisite to (vwntiime a Slate Milder the law of unliena Umiil in a Statej but Ws nut Slate of Ibis L'uini. That which is required to bo addnd lo the properties which belong to every ritate, in the sense Uf the international law, in ordor to oonBliiul a State of. our Union, is: 1. Us citizens must owe, aosnowlfdKO, aul render supreme and habitual allegi, anee and obedience' to 'tbo Constitution, laws, hnd treaties of the United Stales in all Federal matters, these being tbo supreme laws to the 6tal.es and their citizens. (Constitution, article G )' x. All "the members or the mats Lotris- laturos, and its executive and judicial officers, shall be bound by oath or affirmation to support toe Constitution of tbo Uuiled States (Article 0 I . That the United Slato" pliall have so " admitted it into this Union " (article 5, section 8) as tn have assnuied " to guaranty to it a republican form of government, and to protect it against inv.teion, end, ' on ap plication, " against domestic violence' 4. And by such recngnitioiiaAQd "admis sion into Ibis Union " to have secured lo it, a body-polilio, or 1 btnte, certain rights of partioipation in the oontrol of the Fede ral Government ; which rights I shall name hereafter. (3ee also, Bishop on Criminal Law, sections 128 to 137, Inclusive ) I4o one who can real the !,ons4ihuion. will deny that each State in this Union must have every one of these properties bo- fore it can commence to exist in the Uoion ; because the Constitution so declaros. Now the question I consider is, whether it shall continue to be a Stale, in I he1 sense that it holds tbe powers and richts of a Stite after il has loal every property which it must lave before it could commence to exist in the Union. OOKS tHt CO.VSTIl UTl.n 114 L WITH hrATl'1 V The gentleman fi-otii New York I Mr. Rxy- mtnd says: 'Tfl. Coo.tltullon dee. u.t tl.kl ttllli Hl.ta. it pt lu on. or two lu...'tris, .4 tlio tiki-ilu,, i mbBberaor t:jngrH. .ml Iht lf 11 jn uf elC( lot. O! rro.mi.ut and Viru t'ikM,xii.' This statement involves an error ImIIi of faotand law whioh, oouidiring its highly intelligent and patriotta source, is umaz ing. Now, sir, reading Kuglt.nh will cor-reot this error. Tnro lo the Conatilulion. It deals with Slates, lo the way of ironus. ing restraints and oLlieationa. iitinn ll,m as States, in ths following matlart: regu lating obmiuerce among tbu Siatt; requiring iiepreaentatWes, also Uniiod Hmtse Senators, to reside in thHr renpeot'iTS States; prohibiting fttutes from entering nto any treaty, alliance, or oonle lenition. coining money,: emitting bills of credit, making anything but gold and silver ooina tender for dehl; passing any bill of attain ed erpoHtactn law, or law mir.airiiig the obligation ofoontraots; from taxing imports or exports without consent, of Congress; from raying tonnage duty; from keeping trooj s or ships of war in time cf peace; fr-in entering into any compact with auollirr State or foreign Power; from engaging in war unless invsd.ni or In lmrouienl dan ger thereof; from refusing to give full fail h lo records, etc., of other Stales; frnm refusing surrender fugitives from justice or labor: requiring States to be tried in tho courts the U; S.; requiring all their offioers to take an oath to support tbe Constitution; requiring thorn to pay State's proportion ol direot taxes; in prohibiting "either" riute from oonferring any other emolument upon the rrestuenl tnan uis B4iary; m requiring themte furnish, at eomoiaod nf the President, their militia; acd in subordinating their "judges,", "constitutions" and "laws ths Constitution, laws, and treaties ol the United States as "ihe supreme law of the land." It secures rights and confers powers upon the States as States iu each of the following respects. It secures to each tbe tight eleotat least one Uepresenlatlvo, to elect two Senators, to oast ono vots in ratifying constitutional amendments, and in oalliug eonvention to. make such amendments; to oast one Tote in electing a President in the House, te appoint in such manner as tbe Legislature thereof may direct electors to lect a President' and ice President, In 1 by appointment vacancies in Congress, domaud that "in tbe regulation of com merce no 'preference shall be given to Hie ports of one State over those of auother," securing equal immunities to their re spective eitizeus, in having guarnteed to them republican governments, in nemz protected against insurrection and doines- o violence, in securing them li-om hniug- divided, file, and iu enabling them lo d- bne the qualihaarion or electors for uoitr.1 ates othcers, by fixing Hint of tho most umerouB branch of the Slate Legisla tures. My objeel, Mr. Chairman, in reeiling these fifty or more- supremely important provisions of the Constiluiion in every one which it is evident, both by the nature and express terms of the provisions them- lves, and by tbe innumerable erimiiioa- tionsof the courts, that Ihe Constitution deals with the States, as such, was not the frivolous one of showing tbat there were more than "one or two" of these. My purpose was the higher one of showing bow baseless the assertion that the Constitution did not deal with States but individuals only, and that, therefore, not the Slates, bnt ly individuals could lose their rights un der such ConstitutiOtt... 1 wanted not ouly show the argument baseless put that its precise opposite is the exact truth.' I want- to show that tbe very hotly, soul, lire, and essence of the Constitution is penetrated, and characterised by and with this recognition of the Slates, and of their high powers as such. I wanted to bring into view tbe momontens and controlling fact which disposes of this high oonstiiutional question, that the States are not only "dealt. ith" by the Conetitulun, but that their powers as States in our Government are ab- ioiutely vital. And I teparafeti the obliga tions and restraints imposed upon ths Ttates end their officers from the conferments ol rights sod powers upon them, that it might appear te all men and lo the very children who. can read their Constitution, that, in this! marvelous great scheme cf Government as in every other wise, hnman Government, as well es in God's, the enforcements of obligation are coupled with and inseparable from the enjoyment of rights ; that prescribed qualifications for the attainment of power mnet he possessed and proceed, and ere inseparable, from the exercise of power. ' I wanted to show that there eould be, under the Constiluiion, none of the rights or powers of a State where there were recognized none of the obligations or duties of a State. 8ir, how long may this nation survive with a Senate elected by rehel Legislatures; or with treaties made by Senators chosen by rebel 8tate; or with President seleol- e l by electors chosen by the Legislature ef Ssuth Carolina; or with a President elected in a House of Representatives whsrs each rebel State easts one vote; or with a House of Representatives elected by slectors whom a rebel legislature would aulhorixe to vote; or with offioers over United Stale forces appointed by rebel Governors; or with such oonstiiutional amendments as would he ratified by rebel legislatures; or with a traitor for President whom you oould only remove by the iuipeaohment of a Sen ate elected by rebel legislatures; er with such foreign ministers and othsr oflioers of tbe United Slates as suoh a senate would confirm; or with a prohibition upon your closing the ports or tne eleven renei states to a commerce supplying them with all tbe supplies of war, unless you alio elosed all the ports or tbe other states I Sir, ir the recital or those powers which the states, as such, hold In governing th I union, does not prove that a state in re. hellion, and whose government and people are in aotual hostility to the united Plates, is not a oompoaent part or this union, during the eontinuanoe of suoh rebellion, for the purpose of exorcising any power, then such recital does not prove other loings. it proves that "independence Hall" wd s a mad-nouBe from the 14th of Mar to the 17th of September, 1787; and that the uiaumen there suoceeded in devising framework of Government embodying in It a larger numner or separate and fatal in struments of self-slaughter than was ever comninea in a uovernment berore, or than as ever u reamed by men who make Utopias, or by them who form governments in tseuieui. - " ftinanEss iias assumed that ekdkl states HAD NO SIQUTJ AS STATES. , ( I admit that fho aotion of this Oovern- uout was not, at all times duriug the war, urmonious nor consistent upon ths matter oi aooordiug rights to rebel districts. It would have been strange, indeed, if all such aotion, done, as it was, in the midst of the wan events or such wars, revolutions, and reakings up of the systems of lovernmebta. had been oonsistent upon any subject. Besides, as mero measures of war, there was constant temptation to err. if at all. in tho direction of according to loyalty in tho Insurrectionary districts every possible protection and power, to the end that it miiht be developed into support of a Government aggoring to its fall undor the blows of reason. But slill the most solemn and deliberate action of your Government in all its departments, and recently all its actions, nro coeds npon the assumption that these rebel tales had lost all tbe rights of Slates. Among these aote mav bs mentioned hose oi July 13, 1861, and 80th of same month. These have been held to be aots regulating oommeroe," (11 American Law egister, iia, i and these slose the ports of no renei otates to an oommoroe and oap me their ships upon the seas. And yet if less soutnern ports were ports or States having the rights of States, you oould not ly not close them "in reeulatins: com merce, but you oould give no port anv preference over them. Again, in every revenue and tariff aot which you passed in uguiattng commerce ana tne revenue since ho war began, you have not only "given preferences" against the southern ports, but you nave provided ror tneir using totally abut to all oommeroe. Could you provide iu a tariff bill tbat the ports of New York -hill be open, and those of Massachusetts closed i Tb(HQ are only examples. POSITION or THE PRESIDENT. Tbu President has assumed lhal the rebel Stales neased li be Stales in Ihe sense I am noiisideriug. Jell'eraon Davis was captured May 8, 1866; sud the last army of the rebellion was sur rendered by Klrby Smith to General Canby, alih uf May, 18B. . Then the militarypow-oi- of the rebellion was extinct, and actual war was ended, end the necessity for resort toners war powers and expedients oeated. I hen, too, tha laws and constitutions and p.-.wer of Utale government, of these Atales ipring into life and foros if they were only p.tt into abeyance by the war and oould all come hack into lifo and fares when the war was gone. On the 291 h of May, these old Slate constitutions had either come to be iu foroe or they had not. If they were in foroe at all, thou all their provisions were in force and binding, just as much aaNewslprk's consti tution was; and oould only bo ehanged in i lio mode proscribed by themselves. Is it competent fnr Ihe United Stales to order Now York to call a convention and change her constitution 7 Is it oompetent for the United States to ordor it ohaoged in a way in total disregard to Ihe modes of amond-mant which it prescribes as ths only ones by whioh it cau be amended ? Now what has happened in these rebel States? 'lake one example as a speoimsa nf all. On ths 2'Jth of May, 1865, President Johnson issued a proclamation ap pointing notaen provisional governor or North Carolina, aud ordered him, under prescribed rules, to oall a convention for filtering or amending the constitution of North C trolina," &c. But the constitution of North Carolina prescribes alone how it can be altered. This mode is by bill read three times and voted for by three-fifths of ihe members or eaoh branch or the Legislature; then this bill must be published for six months before the election of the next Legislature; then tbe next Legislature, by a two-thirds vote in both Houses, must again approve the amendment; and then it must be appioved by a majority of ths voters of the Siato; and then it is part of tho constitution. The convention ordered by the President is wholly unknown to and lu violation of the old constitution; and if it was iu force at all on tbe 29lh of May, it oould no more be altered in that way than the destitution of England oould) He ordered a convention, he directed who should vote, who should bo eligible to sit in the conven tion, and what oath they should take; every one of which orders would have beon in fugrant disregard of Ihs eonstttution and laws of North Carolina, if, on that day, she ha I any. Precisely tbe samo thing, in principle, has occurred in every rebel State except, pei haps, three. By presidential proclama- t ions new governments have been professedly oallod into existsnoe sines the war was enJcd, and sinco the old constitutions and laws wore revivod out of nbeyanoe, if they did revive. In every ono the new constitu tions and governments hare boen formed in almost total disregard of the provisions of the constitutions whioh they profess to amend. Now, it is exaotly impossible to comprehend the aotion of the Executive except upon the assumption that these State constitutions and their governments had not ta-vived aoa to control ths method of their own amcnftrntnL ' No, no, Mr. Chairman, the President him self tells the eountry, in the notable words of hie proclamation, where it is that Ae deems that he gets this power to order States into existenoe. His words are, "Whereas, ths fourth section of the fourth artiole of the Constitution cf the United States declares that tbe United States shall guaranty to every State in the Union a republican form f Kovernmenf, L Andrew Johnson, Presi dent and Commander-in-Chief," &o. Sir, here is an unmistakable avowal of the source of his power and of the cause that called that power fjrth. If the old government and constitution of North Carolina had In fact eoroa back to her ont of the suspended animtthn which the rebellion had oaused, tbeimho on this 20th day of May already h id a republican constitution, and It needed no alterations lo make it republican nor to guaranty one to her. Sir, let me not be misunderstood I am not pointing to these aots of the President as wrong, but to show thatths President has dealt with this great question precisely in the view I maintain, to-wit, that thess old .Hale governments were so effectually over thrown that they do not come into foroe at the end of tbe war so as to furnish ths basis of republican governments to these rj'ales; and that it has become the business nf the United Slates to guaranty such governments to them. They attaok tha Presi Vent who bold that in these aots of ths Ex (entire, In creating new constitutions, hs did so in violation and disregard of living constitutions and republican governments. already there. I do not attaok him. If indeed, these old State constitutions had, on the 29. h of May, 18C3, resumed thsir sway ever these States, as in sew oaauv nioaa of tha Prssident in this House allege, I 3. that though they beoama t enemies " Bui. Mr Chairman, that is oreclselr what then indeed has the man the champion, Ja I that did not make them "fereign" States so might have occurred at any day during this J : i: .1 1! I a- tti-t lilaa 1H ka.lr h-.I ..I..II! , C .- -1 I ? . 1 - .. I - I uufrvKaraiUK uiu .uvcisouiug ,n wvuon- -v - , . tu.ui taw wv auuei r icu.iiiun II ce.BBtlun Ul wit o ii i i ic a iu. unions, become usurper. Well may ths I pay Ibeir debts. - ' revolted Stales to resume the powers of palnotlo sxecutive head or this nation re-1 . mat, .as tne oouri decides that us states in defiance of the will of this Gov- peal once mora tbe ebromo prayer which. I United Slates may exercise over these poo- ernmeul; and it is precisely what may cc-in all eves-weak adulation- has extorted I pie A th "belligerent" andsovereign" rights, cur to-dav if these States be indeed dislov- frout men in power, " Deliver me from my I therefore we may, ae sovereign, try Davis al yet at heart. If, after exhausting "all TjK LSfiCS li A Wilt!. R EPORTE DFO RTH JOURNAL. K'iXfcfavooxv Kvtts.e'. friends.' i supaius count s position. -Bui t to on. , I now show that Ihs third or judicial 'branoh of the Government is, By solemn and unanimous Judgments, twice repeated, eommitted, in principle, fo tne same exact conclusion for treaaon, although we did treat and hold these .states as an ' enemy t oounlry. d.i As these Slates became "euemiee, ter- rlfory, and all persons residing in it became "enemies of the United Mates, they can not at the same time' harj besn a people Having any political rights to govern in the resouroes of war" for the overthrow of the Government, and failing, It is, indeed, competent for them to abandon these resouroes, and resort to "Ihe resources of statesmanship," and resume at onoe the sign powers or states in the union, wnn- oitt the assent of such Government, then Troops Mustered Out Nep Troubles in Louisiana. It sit In nruaanl i n o ihaat. liitfll srff lln.iatitai I this Union, unless iodttil ibis Union in be there has not been an hour ainae tbe rebel- . . . r v si r i I hoi Arniil hv a hndvftf rtAnnlA. Avnrv Ana nf linn 1...i n .mi ii, .... :a A i let me make them at onoe serve the double! whcm re held by fie laws lo he the "public which this Government has not literally KfllUtkv IgriltllitUffil SocletV . ,. .. , . j IUMDIM orihfl UDItAu c4l.Af.H tuMn r Ik. .. . -I Ik. ll. " enu oi maaing utterly oonom.ive ana com- r r.ii.., .7,-, , i . . , ,, - . ... rw . uie,cj v, m. nlete tha nnaitinn that a Slate mav eeasa tnl "" reapeouuiiy set reoeuiou. nave u governing rignia. oi otates Dy reason or rebellion, and or also answerin tvh-Lc la iimiiI ba mlinh -lb 1a the IacIa.I an praetioal oonsequences or that position. ,,. '.V. ,., " " "rvi mini me repiy is vaiu, oooause me i rill ' T) m Aabi.ttatMBiortb 'V.T..J ' .a .""'"u'7-u,r" rm n py iiiu lXwwimAiv lieaiv ...... J I by jfriend from Ohio jf he has any authori- . Is it replied to what has been said in re- Fav Hunt fin I rinrt fttfanri Tinl Lues en his ninntes for the purposs of vin- gard to the power for mischief of diBloyal sum vu e.ui.y ta'diiu. anilii,:,tln8tll position tbat the sovereign in Senators, in the case which I have stated, I ' ' " ' ' : ' been laid on our table. Their effect is T, Mr- BHELLABABGEB. If I understand impeachment or the formation of any treaty I 1. That it admits that a State may secede. 2. That, as a eonseqnsnoe of this, Jeffer son Davis cannot be punished lot treason ths exaet legal purport of the question are also anou-rh tn nro vent anv.innl.ir.nl wi oy ins uiBiiugmsneo, gentlemen, unaer tne uonstltntion. ' (and tn referenoe to pure legal questions Is itagain replied, exclude these rebels HeW lOTk Co)leCtOrfthiTi any more than tha Governor of Canada l"' now " lawyer right well that he I from the Senate under the elause making a "v apva. uu -u-a,i quc.iiuiis uiuni, laia eaon nouBB tne juage or tne eieotions ana i 8. that if we admit the 'rebels "were to I W4U.B0t talk l ") 1 a""'1 th,t 1 &ai qualifications of its members? the reply is F&McMSM OS fcHIi' BOllilr. be regarded as belligerents," thsn when we "thonty in the prise oases to whioh I al- obviously frivolous. , louunum w.t DOII BVAfiW, take tbera back we become liable for their !"?" "ereign may exercise Doth debts.' i i peiugsreni nna sovereign rights, 4. That individuals and not the States. . atr.fs.Minu. i reoogniieioeioroe or the forfeit their rights by treason. i aeniBious in toe prize oases, but I appeal to in enforcing these objections my . friend I ' " "r '"' f. " 'K Au Irishman jhoiifi Two Eiik- ' iinuiutsir. om New York Mr. Raymond says: If tbe war. out of Ib. Ualon, when dlit Ibsr b eoaie an i Tbov m odc Slat., la th. Uol.a. '1 ihuy went oat of th. O.too tt ws at toa. spec S timaud by oai. .pMiioc aot" l- ' Before the Supreme Court shall be made to answer, as it will, each one of these ob- jeotioDB, permilme, Mr. thairman, to allude to them; and first to tpis question about tbe 'specito aot,' whioh the gentleman from new fork I Mr. ttaymond asks. In whether he has fortified that opinion which k-eespreases that in a civil war tho sover eign may exoroise sovereign as well as bel ligerent rights, outside of the authorities quoted In the prise oases. mm BtiLi.LaBAimr.it. t now apore head the question of Ihe gentlemaD. and I thank him for asking it, for it furnishes me with nn opportunity of saying that I havs looked through the authorities on this sub jeot, ond in the modern aud rospeotablo au. Auotlier Jmliau Delegation Hon the hammer fell. Mr. LB BLOND moved that Ihe time be extended. The motion was agreed lo. ur.i BrJLLLAB.lrlur.tl. Permit me to express my profound e-raltlude for this in- uuigeuoe, on wnion I will not long trf s-pass. ' 1. It under this olause vou mar exclude . Dene,?r ouiy oteoted ana quaiihed in ottua.. r.lmK-e t-.- every otner respeot and sense than that he iiiyaiiioiii wsss comes irora and is eleoted by disloyal Statflfl. than VOII viAlrl tha VrhnlA irmlminl I and accord to this Government all the pow- Rftfiirfi tllB Rimponio fifinvr ersof self-presorvalion whioh I am insist- w wuu. ing upon. The difference is that you find! rum. Uaatea LeaBIisUA. i , t An exciting fox bant came off yesterday on Union course, Long Island. Soma half' a doien foxes ware run down. The Fenian L'ougr.s,ye.lei Jay, adjournal tine Jit. r i,-. , . I'raetlonal t'orreury. It is reported that $90,000 in fractional currency will be destroyed by tha Treasury Department in a few days. The intention, " 10 eubstiiuts an equal amount of new currency for that which is cancelled..: , . Ihe Louisville Associated Press dispatch says Rev. Thomas J. Fisher died yesterday , in tbat city, from wounds received by as-aiilanls Monday night. " Kentaekv Airrlcalinr.l Swlely. j The State Atrricnllural Society at fori, Ky., wss yesterday adlressed bv iia ' President, Mr. Bradford, in an elaborate - peech, recommending taking measures to induce emigration hither, as a means of ' supplying the requisite labor to develop the resources uf the Stale. . tieicra Troubles In l.oulalnnn. ' .The Associated Press, New Orleans dil- '' patch says that the negroee in a parish on ltd Itiverrose in arms ( ,l.v. ..n .'. nnd tried to murder their overseer, but fail- . ed. They marched lo another nl.cn ia i wail reinforoements. Tbe militia nabbed ' ' them all without serious difficulty, and ar-iisted the sccomplioes no several plants--lions, where arms and ammunition were j found secreted in lsrge quantities. The frssdmon in that section had previously re. , . fused to. work. ' Troop Mattered Owl. il Galveston, Texas. Jan. 9 An atyI.i. ha. just been issued hero, mustering out twen- regimeniB, white and black. . v i MUSICAL. .rUUu.iji .uiiriimt - mv ,uu i moritiup ui tue worm i qua no dissenting tho power of self-proteotion under a clause I'Oejtal ftifrilce answer some quosiions or simple legal I voise, I The doctrine will be found, not only by whioh eaoh House is compelled to judge aspeot.' i , -r:i.J i t r 'iiin the text nud notes of Wheaton, but in ssparately on the election and qualfioation ' 1 ask whsn and by what apsoiho aot does I VaUel, in Ward, in Halleok, and Bollo. of its members; and henoe you oooupy a FrOITl " tumult ".become "war" in law T ' T an-1 Mr. DEV1ING. I would ask my friend if position where vou mav have twentv-four in Ihe 8iiii.il. HIT friAnd if I nnftltiAn vsrharsa vnti maw iSawsi 1 txran 1 nf.viv sre ik. in....A. n.iATH.i!A. it i.i.-i .L.j , i . . . . I . . . J . J tui. iu tug uukuhk ui vuiu.eJuai.ica iurtr- n mi iOUKBU OTer inn nn eg in .awrAnrtA'a Miafna in I ha llitmn im rhaa Hanoi a- h;t. unaii, when it. in fact, aaaumos " warlike WfawJon for the purpose of eocing the oon- four in the Union, in the House; and Heat- eij blidulii. m um iu n uitii nmr nimiDg t.uiooriues wqicq iiawrence tntre New York. I nltett State Iposltorlca. New Yoek, Jan. 12 The Tribune's a.rw.,.n .- vui I x jou rvpijj i will B19Cl UlCBo IW011 I crftl baokllaf connaninfl. nnlin,.ia f. uoTernment Govern men t ories than em and, for the he must vajiiiKvjicut, l 1 BU-wnr, m un IH DE unva I lireiaTn ID rtXfn!lNB nilin fliril ft fin fin 1 1 rrxxsA.. s I rw.lhtM.si vahaal Mna maI k. .... aa.:la " of the Supreme Court, when in fact ",h. rights. s'ta. can 5 "nw reiril ar nnllraa Af inal A. ia InlermntaH hD I II. 9ul!M.IItlSr.Ea T . .v. u-i- 11 i- .-- 1 . xiaiauH, luant 18 tne policy 01 tUS I .' ,.i . . 'V T' I .' 1 " rouoio, m mo case yon pui tne reply is not to estab sh anv inuie denosit revolt rebe lion, or Inaurrecl on. an that the I rant cman ihu l,u. L.U ikn..k ik... mi u . a.ij.l n.' , iituiieu uy iuuio ueposil -ST li IVT P""'- :;"ful" " thoroughly.-and that Breckinrid HaS tr Jeat.1 in' yTnr s?d.f:.raS.! ;.rT;;r.: rh. AfVhr .nchdeP.itor.,., i.r ii.:' i" ""?:5'T..: -.u,,,,,,.,.,,,,,, , uiimn ana ae- l decline to authorise them. , ocaiT luut uuioi niiinuiii a ti si 1 11 ss 1 1 iiht i JMExxstiOaEtl. 2iifiOH3 0IV1N TJP01 THE PlAKOvTOfiTS : J sabo lattwi.a In Vjt: Molc. : - - - Orilri lrt at t kit in A On W...frt Rin sarin .Caw... ir. iu)ii utiDaiioo, r, A, VttKHMEn. Kcrl'UEf,L!i'-iJMit(.nSlfir H.im,. ...rf u. i.i.. Musical! Iflusical I PIANOUITAE, atxo voc ti, iivSTurcTiosr. HAvrHo besionkb r poatrros 'rroii - rnr ye.r.) ai Teacher of Mo.lo in ihao. W.1 V. College, Dola.are, 1 imrpcio maklag t'olnmboa I" permanent plM. of realdeace, and will .ire le.afn. on th. Pi.njiorle, Oait.r, Vooai Maaie, aa loeolce. in.truotlon oa the primary element, of Vocal" Afnilc will beslrea to a class of ehilaren. 1 Apply at my Boom, 1H Ka.t ctatn tit. r ' MluULAna McOATtrXR. Rxntrnci-Ri... p. g. Co.. lion, Prnrident O. w. P. Oollrir.; Oicar Mayo, Piofeuor or Mn.lo, 0. W. F. Qollean: frof Sahirnee. Pm. (!hHFvi j-h- Pellaer,! Mr.. J. 0. Woodl, in. SearrlU. , . , PHOTOGRAPHS. vvu, ...il id. iu.urrvui.iuii ueonmBs, in rmflot nna anyconnioiinaiat ail Impairs faot, so strong as no longer lo obey the sov-1 the force of settled law as established in ereign, ana to do able by war to make bead I the DrlCe oases. against him." When, in law, and by whatl Sir, it is a weak and inadequate stale-. npeoma act, uiu tne enure population of I men! or the truth to say tbat be mocks the v irgmia, inoiuaing me loyai men, eease to I law. ottendS tbe loval sense nf the n.nnia he " friends, and become " enemies of the and Insults their common sense whn .nrm. United States ? " I answer, when, in fact. I that that rjeoDle or those State, h.d ... they became belligerents." 'I rights of government in this Union, every ir these answers by the highest authori-1 man. woman, and child of whnm have hu. ties in the World do not Still enflW.r what. I nennAnnenit hv Ivn nnanininn. i,.--. ,- H. I I.. J ,t- r "speoifioact" deprived South Carolina of I the Supreme Court of the Republic to be, in en which a republican State of this Union romaillinK ,her msT y bo made, every right and power of a State, then 1 1 contemplation of the eupreme law of that can be built, that of the general consent and foeia Sorvlea in the Son ill. stroy your Government? Conld either have been excluded from any known or ascertainable personal disqualification? no, Mr. uhairman, there is no escane. If the United Stales has no power to deoide. as a great ana sovereign people acting through tnoir uovernment, what shall bs a "State in her high Union, and cannot determine when, cut of the wreck and ruin of old States, have been formed new republican IteorvaiiUatioa ol the Keirnlur Army. Senator Wilson s bill for the reorcsuisation of the Hegular Army was framed upon the plan laid before the President and Secretary of War, a few weeks sinoe. bv General Grant. General Grant expresses the opinion that tho necessity of maintaining a large military foroe in the Southern States no longer exists, and he believes that a material reduction in the number of cur troops Photograph Galleries., further answer him that it was that specific act wnicn turned ner citissns into traitors, took from her the loyal courts, statutes. Constitution, tribunals, offioers, aud Legislature, aud which filled their places with treason and kept it there. And if the een- tlemau still desires lo know the speoiOo lime when this happoned, il will answer all tho purposes of my argument to reply that it happened about four years before the time when he told us il did, lo wit, before she "surrendered." The destruction and superBedure of all loyal government and law lu Sou lb Carolina was a tact, nut a law. t was this raarriu "raol , which made her cease to bo a Stats governing this Union, and not any ordinancs of secession. The distinguished gentleman to whom I have alluded states the fourth ebieotion I whioh I have uamed 111 these word.. 1 'Th. D.OUl. Oi fitat. tu.v. hv lrAM. a,fbli thtir ilsht., bai Ib . losaleotac or via tbejh... no powar to affoct tb. conrtllin of a M.t. In Lk. Uoion." That is, turned out of metaphysics into tugltsh, every inhabitant of a State may, by treason, oome to have no political rights or powers whatever as individuals except the right to be hung; but the same individu als, put iulo a bundle aud called a boiv pontic or state, nave au political rights and powers, and can govern this Union I ' Mo a plain man would have ditfioutly in being able to see a living, acting, ruling State where thero was no constitution, court or law, ana where there were no inhabitants, all these having been hung for treason. Suoh a man would bo dull enough to conclude that If you hung for Ireason all the people rcquirod to make up Ihe body-politio called a Stale the State would at least be in affliction. But, Mr. Chairman, it was unfortanale for this distinction between the political Siate and its people that it has repeatedly enoountered tbe ordeal of the Supreme Court and has been utterly discarded by it. In 8 Dalits, 98, that Court says: "A dlstlee Ion I. taken at tar between a State and Dm people of a Slate. It 1. a nfitloctlon I am not e.p.bl. ot comprehending. B, a otat. forming a republic, (ep.ekin.-0' II Ul moral per.on,) I do not Beau the Ii gialatme ot tbe olate, Ihs Jkxiontive ot tn. state, or thojuclctary, but all iheo.tis.aa wliicb auniioie th. State, ami a... in ma n .xpii.. my-eelt, integral parte of it, all t.gnhsr tormina, body- po'itlo." - Ths same repudiation of a distinction be-tweon a body-politic and its individual members is in the ' Prise Cases hereafter oiled. Two years before the objections I have quoted were so ably uttered, they had been preesed, with learning, seal and ability equal to his, upon the oonsidaration of tho Supreme Court in these "Prise Cases," (2 Blackstene, 635,) and had been disoarded unanimously by that court, nine judges Bit-ting, including Taney. I say it was unanimous beoause all the court ngroe that after the passage of tbe aot of Congress of 13th July, 1861, rcoognixing the existence of ths war, every inhabitant of the rebel Slates became "enemies" of the United States and "belligerents." I affirm that the reasoning and judgment of thisoase settle and eslabiish eaoh one of tbe following propositions: 1. From the seventh paragiaph otnthe Syllabus (page 6il6) I quote and affirm tbat the late "oivll war between the United States and the so-called confedetate States," had "such character and magnitude as to give the United States the samo rights and powers which they might exercise in the oase of a foreign war." .. 2. From tbe ninth paragraph of the same Syllabus I quote and affirm that "all per-sous residing within the territory occupied by the hostile (rebel) party in this contest were liable to be trrated at cnemiu though not foreignert" 3. I affirm again, quoting from the opinion of the oourt (pago 073) that "it is a proposition never doubted that the belligerent party who olaims lo bs sovereign may tzcrciu both botliierent and tovtreign righti." i. I nffirn that precisely the same objection was urged in this oase as those I have quoted; and were etated by the connt in these words, "that insurrection is the act of individuals and not of the government or sovereignly." and "tbat lbs individuals engaged are the subjects of law," and "that seoeBSion orainanoes are uuiuuvb auu ineffectual to release any cilisen from his allegiance." To these objections the Supreme Court reiilins: "Ih:. argument real, eu tlx aiiuiuptloB oTteo propoeltioua, eaoh of which i. without foundation UpOQ in. Mr.Dll.n.l law ui n.,iuu.. . uuiu. that wh.r. a .till w.r ilt. Ih, party balllg-rent elalmlng to beor.-elcn cannot, tor .om. no-known rteaon, .xerciae th) rl bt. of belllavreat., though th. revolutionary party may." Again the oourt replies to those objections in the following words, the court italicising ths words: 11 Id organl-lng this rebel!! n they have cid a. State cla'mlBg to b. aov.r. ga over all persons and property. In Daoember, 1803, the ten judges (2 Wallacs, 404) unanimously decided the same thing; tbat all the inhabitanls, guilty and inneoent, Deoame oeiugorenis ana "en smies" of these United States. Ths results of the two decisions are that these rebel States, 1. Actsd at Statu tn organizing therebellion. 2. That all their citizens, innocent and guilty, were thereby made " nrnii of Ihe united mates. Republic and of the law of nations, the nan- no enemies oi tne united states. Docs the gentleman yet ask for "thesDeci- fic aot." that deprived these Hints of all the rights ot Btatee, and made them "euemies' I once mote answer him in the words of tbe Supreme Court that the specific acts were Ihey causelessly waged aguiust theirown Government a "war which all the world acknowledged to have been the greatest oivil war known in Ihs history ul the hu man race." That war was waged by these' people "as Hlstee," and it went through long, dreary years, lu It tbev threw off aud defied the authority of your Uonstitutiou, laws, attil Uoverotuout; tbev obliterated from their Stale oonatitutlous and laws-every' vestige of recognition of your uovarnojont ; they disoarded all ottj-oial oath, and took in; their places oaihs to supporiuutr enemy a government. I bey seixed, in their Btatae, all the nation's properly ; their Senators and Representatives in your Congress insulted, bantered, de-nod, and then left you ; they expelled from their laud or assassinated every inhabitant of known loyally ; they betrayed and surrendered your armies ; they passed sequestration aud other acts in tUo-itious vi olation of lbs law of nations, makiug every '"'"mm. nll..n n Ik. Ilnllml Ml.l.. -n li - I b'.torS it C loyalty of its peopls. then Indeed is vour Government not so much as "a rooe of sand." It is a monster oomnelled bv the organic law of its life to terminate that life by salt-slaughter. But, sir, suoh is not the law of Us life I have already shown that the President has disoarded suoh conclusions. 1 now invoke Ihs authority of the highest court of Ihe Kepublic, and by that I show that it has decided this question also. I stats the etieot of thisdaoision in lha language of a distinguished law author (see t uiBuop, urtm. Law, iss sec. J He says: "1 hae been H.ttld bv adiudic.tloa that It ia for the President and tbe two Honeea of Oongr as to d-c d wbelhir a particular eoT.raui.iit within a Slat republican or aot, mud to recognise it If it ie, and to rem,, te reeeirolze tt If it I. not, end tbeadn-dloatlea of the mallei by tbem 1 couulu.ti. and biud tbi court and tb. nation. It 1 not Ih.r.-for. for .or cla. ot Benton, la a Stat, whl.h ha. ceaesd to b.T. a BVVitBment toast op agjvaraouent The language of ths court is (' HowarJ. 42 and 43:) tinder this artiele of lb. Oonititutlon It rala itn contra! to re-Id wblnu aoveramant" rt th. IwoMt up lo Hhed. I.l.nd " I Ib. eu.blf.ried on, ii.rvBine uouea eta aa frueranl to acb ttiato a republican .overameot, Cebgiea Ktu.t necu.arily citizen cf the United Slates an alien ene my, and plaotng in the treasury of their rebellion all money and properly due such citizens. Tbey framed iutquity and universal murder into law. They besieged, for years, youroapitul, and sent your bleoding armies, iu rout, baok here upon tbe very sanotua-rics of your national power. Their pirates burned your unarmod oommeroe upon every sos. They oarved the bones of your un- buried heroes into ornaments, and drank from goblets made out of their skulls. They DoiBonod your fountains, put mines under your soldieiB1 prisons; organized bands- whose- leaders were concealed in your homes, ana wnose commissions ordered the what government ie eetabl-bd in a tstato eau deoide whether It i republican or nol. WhirB the Senators and BepreeoBlatlve. of a State are admitted into the oi.uni.il ottb. 0nlon tb. antbslily of the government und.r which Ibey are ppoin-ei u reronoirw uv tne proper oontl:utlona authority. And im doeleiou I binding on every oipiroep.rtmenlol ineuoveranienl. "uonouDieuiy a unitary eovernment ekl.tilLnod the permanent Bor.rameut of tbe State, wonld not be a republican government, and it wonld be tbe dnty of Cjngreta 1 overtnrow it-" Mr. Chairman, here I must close. If it is asked me now, granting your po sition that these States in revolt ceased to have any powers of government in the Union, still have not new ones been reor ganised safe and fit to resume these high powers r t answer, sir, tne question "is il torch and yellow fever to be carried to your ZA no- . ."Tfi Ti! a mal",aa ;.in. .nHT .a wn. -uu.- trl' 7 " American Con gress, it was the whole end of the feeble cities, and to your women and children. They planned ono itnivorsal bonfire of the North from Like Ontario tb the Missouri. Thoy murdered by systems of starvation and exposure Bixty thousand of your sons, as brave and hereto as ever martyrs were. They destroyed in the five years of horrid war another army so large that it would reach almost around the globs in marching oolumni, and then to give to the Infernal drama a fitting close, and to concentrate nto one orimo all that is criminal in orime. and all that is dotcetable in barbarism, they killed the President ' of the United Stales. Mr. Chairman, I allude to. these horrid events of 'the recent pBst not to revive frightful memories, or to bring bock the impulses toward the perpetual sevuranco of ibis people which they provoke. 1 allude to them to remind us how utter was the overthrow and obliteration of ail govern. menl, divine and human; bow total was the wreck of alt constitutions and laws, political, civil, aud international. 1-allude to them to oondense their monstrous enormi ties of guilt into one orime, and to point the argument which I have concluded to vindi cate my Government's power to take jurisdiction of this inquest and hold this trial. But It I am demanded by what standard of fitness, and what guarantees for safety, Congress shall deoide these great fade now on trial, it will serve all the purposes of ths argument and this hour to reply that, in the true and high sense end spirit of tus memorable words of the President of the United States I find a fitting answsr. He says : "No Stat, ean b.iegirded a. thoroughly ergan- ii-ou, wiiii.ii iia. nut eauprva imr.riip-o gwrunuu for tbe right of ib f.ttdmen.'' Mr. Chairman, 1st this noble utterance "irrevtrribU gwirmtcci for the rightt" of American citizens 0 every race and condition be written with pen of iron and point of diamond in your Constitution. Let it thus be made "irreversible" indeed, by ihe aotion of the State, in the only way it can be made irreversible; and then, to establish this and every other guarantee of the Constitution upon the only surs foundation of gontloman from New York Mr. Rajmondl a '"" republlo Ihe equality of the people 6 .. ...... ..it . , .... . . -J an1 r.f ibn Rtatam m-ba k. II,- A io it, and ta toll him that was "lbs specific act.' Now, Mr. Chairman, if Ihe combined for ces of Ihe Constitution and the Public Law, the obvious dictates of reason, justice, and oommon sonso, and these enforced by the approval of repoatcd and unanimous judgments of the Supreme Court can settle for our own Government any prinoiple of its law, tnen it is sstehiishea that organised rebellions are not "States," and that these eleven distinct politloal treasons, which they organised into one, and called it "the Confederate Slates," had no powers or rights as States of this Union, nor had the people ttureof. BESl-OSATTOll 01 TBI STATES. If these States lost their powers and rights as States, by whst authority and means aro they restored f is It accomplish ed by mere eessation of war and the de termination ot tbe rebel Inhabitanls to resume the powers of States; or is this Government entitled to lake jurisdiction over tbe time ana manner of their return f I hold that the latter is the obvious truth. Let it be admitted that these rebel districts may, without tho assent of the United States, and without regard to the stato of their loyalty, resume, at ploasnre, all the powers of Slates this Hovcrnment having no jurisdiction lo determine upon the qiies-tiou cf their loyalty or the republican character of the new Slate governments then we have this result. There were, during the first years of ihe war, twenty-three rebel Senators, inoluding Breckinridge and another. That was more than one-third of the Senate. Thosetwenty-three in the Senate are enough to deprive the United Slates of all power ever to make a treaty, or lo expel a member from the Senate, or to remove from office by impeachment a rebel Secretary of War like Floyd, or a rebel Secretary of the Treasury like Cobb, or a rebel United States judge like Humphreys, or an imbeoils President who thought seoession unconstitutional, and its prevention equally unconstitutional like Buchanan. How long, sir, could your Government survive with suoh a Senate, one third rebel? How long oan you live deprived of these powers vital to every Government? - Mot a week, eir. and of the States make, by Ihe same organic law, every elector i a the Uoion absolutely equal in his right of representation in that renovated Union, and I amcontent. Let the revolted States base their repub lican State governments upon a general and sincere loyalty of the people and oome to us undsrths guarantees of this renewed Union, and we hail their ooming and the hour that brings them. If you ask again, "Suppose such general loyalty should never reappear, shall they be dependenoies forsver ? ' 1 f you may auppess the case, then I answer roaivxB I Corrwpondence of tbe liaw York Observer. Remarkable Cslncldenea el Deaths. Pakis, 111., Jan. 4, 1866. On Ihe 1st instant our community was greatly shocked by the sudden and simultaneous deaths, at Ihs same house, of two venerable pioneer ladies of this place. Mrs. M iry Alexander, and Mrs. Belinda San-ford, the former the reliot of the late Gen. M. K. Alexander, the latter ef tbe late Gen. Isaac Banford. They were among Ihe first settlers of tbe place, and did much to aid in building up Ihe eduoatioual and religious iuteraats whioh heretofore have distinguished our place. They were lite-long friends, and had reared large and respectable families, living in comfort and alHuence. Mrs. San-ford had gone on New Years' day to see Mrs. Alexander, who had been quite ill with pnenmonia. She had just reached Mrs. A. s door when the messenger of death met her, and she fell, a corpse. At the sams instant Mrs. Alexander within, surrounded by hsr weeping friends, expired. In this oase there was a eombination of singular coincidences. Tbey were both pioneers, both wealthy and influential members of society, both worthy members of Chrlctian ohurohes Mrs. Alexander of the Presbyterian and Mrs. Banford of the Methodist, intimate and early friends, and both stricken down on ihe first day of tbe new year, at the same instant and at the sams house. The Post Office Department hss received reports for December from its agents for opening new offices in the Gulf and South western States. All concur in the slate- nieuf that tbe takiug of the test oath, that they havs not voluntarily given aid during the rebellion, whether taken by postmasters, iulurnal revenue or ou.-noiii bouse of-fioeiB, immediately nmlawe the othoer from all eooinl intercourse. The feeling against the North is aa bitter in all the States as during the war. IndlAu Iab;h.IIhii. Auother delegation of red men, twenty. five in uumber, and composed of Cherokees, Chiokasaws and Ckootaws, has just arrived io town to lay tbeiruover oensing grievances before the Indian Commissioner and their Great father. The Commissioner has not fully investigated the complaiul of the delegation of Saos and Fox, who slill remain in tb. oity. Itevettite Infrlniiniciil Ciiee befoie Ihe - Hnpromet'on r. The Supreme Court wss engaged upon the great California ohampaigne oase of Revenue infringment. D. R. Katon, of New York, delivered the aiguroont for plaintiff, and Attorney General Bueed. as sisted by Judge Lake, District Attorney of t;aiirortiia, conducted the defouBe,. -- rauacienee Money. Another ease of conscience has been re ported to Gen. Spinner, from Philadelphia. An anonymous party deposits a sum of mo ney with Ibe Collector of Internal Revenue, announcing that it rightfully belongs to the Government. lion Moulders Ira Stealou. The Iron Moulders held a secret session yesterday morning in Tammany Hall. In the afternoon they resolved IheniBelveBitito a oemminee, and transacted business of a routine ohuracier. fenlRva PtJes'ntr.s1. An immense mass meeting, in honor of the Fenian Delegates, was held in Cooper institute last evening. Aauresses were made by several delegates from various Slates, and by Col. O'Mahony. A Fenlnn on Benrrl she Steamer Mole. 'Bnylor fsliuota two EdsTllaliineu The Herald's Georgetown (Nicaragua) correspondent states, tbal on a trip on the steamer Moses Taylor, from San Francisco to San JuBn, with California paesengore for this city, an Irishman came on deck with a revolver, and declared that he would shoot any man who was not a Fenian. Two Englishmen at once donied having any Fenian proclivities, and he shot them both. Ho was wounded himself in turn,, and jumped overboard, but was rescued by the crew. New lores CelrertArnhlfi. The Times' Washington special says a party of prominent gentlemen from New York, beaded by Gen. Strong, arrived there this morning lor (he purpose of present ing the name of Henry A. Smyth for Col lector. Mr. urapcr Is also there, backed by a strong influence; and the name of Juduu Olin, of tho Supremo Curt for this District, Ib also presented, but tho President to-day assured the abovo mtnlioned delegation that he was in no hurry to make the ap pointment. Canadians Aextnn. to ltnaew Ibo Re- (Jiproellr Tre-iety. The Canadian Embassy, headed by Hon. Mr. Parley, who oome for the eurnoso of urging ino renewal or Iteciprocily Treaty, arrived here laet evening. They will fina their object exceedingly difficult of attain ment. Petitions from all Quarters against the renewal of the Treaty are pouring in. Oeneral Inalar. . The World's Washington special aava : Maj.-Gen. Custar is the officer referred to in a recent dispaloh, as having expressed disloyal sentiments at a publio meeting in lexas. Tension t'lnlms. An immense number of olaims for nen sions havs been rejected recently by Commissioner Barrett, upon the ground that they do nol oome wilhin the letter or spirit of the law. These olaims are, however, of suoh a charader as to merit the considera tion of Congress; and as there is no legal right on Ihe part of theolaimantB toieoeive them, the Pension Commissioner recommends that they be paid nevertheless, un dor special enactment. Some of lhase elaiins mav not bs presented ror years, aud it is deemed unjust and improper to establish a precedent now, allowing the ponslon to commence from Ihe date of the death of the Boldier. The House yesterday adopted the rule in this matter, and fixed the date of the nts- sags of tho act of relief, as the day on which the pension Bbould commence to run. Arrlvrat-of Jlemr. The steamer New York, from Aspinwall. with California passengers, is balow. The steamer Moro Castle, from Havana, ia be low. NcalTolillnB; Rttnaftved from Iho Dome of tlteCnpllol. . Ths Times' dispatch says : The last plank of the scaffold near Ihe eve of the dome of the Capitol, was removed this evening, revealing the magnifieent dosign in fresooe upon which, for etgnteen months past, Con stance Bramsby has been at work. A. S. BALDWIN.. i. M. STEVENS. BALDWIN & STEVENS, i Pliotographists! ' Two First Class GalleriS. On in' AM BOB' BUILniHa K. ak a-i. trin- Strtet I ' " " Tbe other at No. SI South High, known ta I at. WIT! '8 OLD STAND. '' Bath I.ell.iiH Imnedlattfy oppc.lt tbe ITiiiltJ. : Th. tat Artl.Mlo the Prorevtloo employed. I'iclur.i furui.bed lu '-'"' 1 INDIA INK AND WATER OOLOBS. AlBO in Oil. ' .Hil f trlnres a-upleu and Detailed , beet poeaible alyle. BA f.DWIN A STRVKNa, Me. W aud Si Booth Hlgb St., jat'S-dam t'oi.uHeue, o. PHYSICIAN. E. M . 1Mb WNH, SI. D - PHYSICIAN "AND . SURGEON, ". Trat al Alataaei of th. B;, l.r aud attaint-1 a'o of thelhrokt and Luag. Dr. DOWNS will .It. " 3 a o o ,'o o"".. To any pewon who will produce a mora massy or perraanentcure, for any form of VENEREAL DISEASES, than heoa ploy. - 1 The mt p.rttrnlar attention glrea to all die.' Mie of Women .ed llhlldrea. . Oslo, at the Opera boa lanS-aod If V. 11. SHARP, H, 1 Eoleofid Physician and Surgeon, Having located lo Oolnmbe reapeetfullv tenders vl'in'ty to"" lliaenelhaiwof and 'x TT . II A ll Jt ran ehallooee tt . wli le medical world to eonal hi euceeielul Irraiment of Tj finold Pntumonla Inter, nntlent fmera, and all Ihe varlena form olMl.neea pecaiier lo th e countr,. For ihe Let eta yeara la Ulrcle.llle. ih. Di.r.itr. to thoao wbo have be,., nll.vid and Danyotbira will bmr witceaeto he ime: Mr. A. r-ontehi, Sir. It. Uorria, Mr O Bt.: ! tier, Bon. u. M. Hrgv., tjol. n. h. ih, p. w Botger., Jacob Oaie. a. L. Porrill, O. H. i-hir.rd Umild mu tlply (ed n Bnltum), b it I will 1,1 Vhiea entnoe or tho pn Beet. Office on Foarih Iret-f, bit. twe.nBtat.aiid Brojdway. in Mr. J. niller'e olBc jtnPdlw Eclectic Physician & Surgeon, HAVING LOt'ftTKD IN OOLOMBUS, BK8PI0T-FOLLY t-ndr.ii hln profewlan! Mivicu to ths Oit.Wli't l.ltilejOl n1 TlflDftj. All dlMSM tttt)fl 'h"VsU mi'icury. , " ' " t.oD Foarihit., Vatnea SUte fc Broadway, .1 J. M.l.er'nofflci. dc6'6 tf , f DR. T. P. BOND, LATE SUBGEnN OF THI 821) O. T I., AN1 1 Bo gwn-In -Chief of Di.iit h; 1io Ob1r of in OierftMDg?f(T of BnrKBon of Dl-liion. which ttddi mr.teriie.lY to h't formar ttiperienca t-f IS jrari In c jraoilt.e, bt-'loft parmftDetHI" Jomtod Ib (hl , nty, Win)J iMpeotfully Under hit profowlon-, ftl nrcfii to th) rtttr.noaof Oolumbui untj .Tlclnltr. 1 Oillr.., Mo. b7 Em. a:ttt it , oppotlt th 0pltol . iiw.cn rilyr . OIL COMPANY, COLiJIHttBI ML WHPAN?. ' Mtonfectaren of SUPERIOR KUUNIXG OIL, MACHlZSK Oil. AND MAPTHAV. - 'c-W:iu of renlteuflary. 1 (Xll-DMBOS, OHIO. li. I"; REES 4 CO., Proprietor.-. mmri9 snMoiTin, saTiTAtrrioN odau." I I ntd. Second band Oil B.rr.1 boaght S fci'tpricA. eagM emeid FOUNDRY. FOUNDRY: ASD MACHINE BHOP.V L, B. DAVIES. MaimOkCfni-pr nf Portable and , NlatluiiHry KiirIiicb, .. . Cross-cut or Drag Saws and Circular Sawing Machines, Alcott, or Broom Uandls l.athes, . i '1'hre.biag Mechlnea, ttowers and B-ap-ra, Iron VhUIU- anj Safie, Snear Mllle, llill Worka, Bora. Power, llrktl og r.d ITenclne;, Braia and IronVaat-iege, Ac, e, . , , 8iir-'if hndi of Repairing at thori notice.' ftrun'l Hi,, ror. ol Niaia Avenae, a . OI.UMH(IN, O. ; .-g.d'veed Weed Sewing Machines FRiiiilic, fiemn.atreaea, Tailor n, ado. rr.nEY are Tne host sebviciable, am- ' . Pl.R .nd m'H.Bta Sawing Haoblno In aw; nee a etraiebt needle and make th. Lcck orMlittt-tle Mitch. Will w anythli g, frnm th. running ill tack to tarltan to the making of an overooal, ' and all to parte, tlnn. . i They are the err, nd Iberefer. tbe rar ap.jt. 1 invite all io want of a anperlor sewing Machine to call and exaailne tbe " Weed." -. . .1. RinTFXIi, Anenf, S3S SOUTH HIOH ST., A.ATTI- NO. MER'S NEff BUILDINO, --ola.XTXxloi-x. OlAto. lans diim-eod f.v-J fja! Si 1 -